General Terms and Conditions
THIS TEXT WAS ORIGINALLY WRITTEN IN GERMAN (GERMANY). SHOULD ANY CONFLICT ARISE WITH REGARD TO THE TRANSLATED VERSION WHEN COMPARED TO THE GERMAN VERSION, THE GERMAN LANGUAGE VERSION IS ALWAYS AUTHORITATIVE. SHOULD ANY CONFLICT ARISE BETWEEN THE GERMAN ORIGINAL AND THE ENGLISH TRANSLATION, THE GERMAN LANGUAGE VERSION SHALL BE AUTHORITATIVE.
General Terms and Conditions for the „PrimeLuxEstates“ Internet platform (marketing of foreign and luxury real estate) of Hartmut Konetzka Media UG (limited liability), represented by Managing Director Hartmut Konetzka, Fleher Str. 169, 40223 Düsseldorf, Phone (+)49 02111682072, e-mail email@example.com, hereinafter PrimeLuxEstates.
These General Terms and Conditions apply with regard to visits to the „PrimeLuxEstates“ Internet Platform and the use of the services offered there, as well as all contracts concluded between the user and PrimeLuxEstates. By taking advantage of the services offered on the „PrimeLuxEstates“ Internet platform, the user expressly acknowledges these conditions in the current version. Any terms and conditions of the user are hereby expressly excluded. The primacy of individual agreements remains unaffected. These conditions differentiate between private consumers and commercial entrepreneurs.
According to § 13 BGB (German Civil Code), a consumer
is any natural person who enters into a legal transaction for a purpose that is outside their trade, business or profession.
According to § 14 BGB, an entrepreneur
is a natural or legal person or a legal partnership that enters into a legal transaction as part of their commercial or independent professional activity. A legal partnership is a partnership that has the capacity to acquire rights and incur liabilities.
2.1. PrimeLuxEstates is an online real estate portal for the marketing of foreign and luxury real estate on which providers can post sales offers. Within the context of these Terms and Conditions, providers include only international real estate agents (realtors) presenting worldwide third-party purchase and sales offers and real estate owners (private or commercial providers), who want to sell their own properties worldwide. Rental and lease offers may not be posted.
German real estate must exhibit special exclusivity in terms of location, type, or furnishings. Purely commercial properties located in Germany, such as commercial buildings, residential/commercial buildings, multi-family residential buildings, shops, storage buildings, factory buildings, and industrial buildings, are excluded from PrimeLuxEstates.
2.2. Users may search for interesting real estate offers free of charge. Likewise, providers can be contacted free of charge by means of a contact form. There is also the option to create a user account
for user access. A user account allows a user to save searches or interesting ads in his personal „Watchlist“ for example.
2.3. Real estate agents must, to the extent prescribed in the respective country, have the necessary official license. If no official license or registration is required, the realtor must provide the written brokerage agreement upon request by PrimeLuxEstates. PrimeLuxEstates reserves the right to exclude any realtor, who can neither produce his official license nor his written agreement, from participation in the real estate portal.
2.4. Providers must be able to communicate in German or English. In the case of entrepreneurs, it is sufficient if an employee has sufficient spoken and written knowledge of one of the two languages. For the language relevant for the conclusion of the contract, please refer to 11 (d).
2.5. All providers must specify their correct and complete contact data, i.e. first and last name, full address (no PO Boxes), and a valid email address. Realtors and commercial property owners must provide the obligatory information pursuant to §5 German Telemedia Act. PrimeLuxEstates reserves the right to remove offers posted by providers that do not fully specify their information despite requests to do so, if knowledge of such failure to provide information is gained. Private property owners can hide contact information such as first name, street, city, etc. in ads. The following statement appears if all fields are hidden: „The provider of this property does not wish to publish any personal contact information on the Internet“. PrimeLuxEstates reserves the right to transmit this data to third parties in the case of rights violations within the scope of the legal requirements.
2.6. PrimeLuxEstates does not perform user identity checks, with the exception of Paragraphs 2.3. and 3.1.B in the case of brokers. PrimeLuxEstates reserves the right to exclude users who are reported by third parties or other participants as untrustworthy or fraudulent from using the platform.
3. Conclusion of Contract
3.1. PrimeLuxEstates provides the technical platform for the gainful posting of real estate adverts. The posting of listings is always subject to a charge for providers.
A, Conclusion of contract with end-users and commercial property owners:
By clicking the button „Add new listing“ the provider begins the order process for posting a paid advertisement. After entering the personal information required for posting the advertisement and other information necessary for creating the ad, the provider makes a binding offer for posting the advertisement by clicking the „Buy“ as the last step of the ordering process. The provider has the option to review and, if necessary, change their inputs before finally clicking the „Buy“ button. To this end they can return to the previous pages of the order process by clicking the „Back“ button in addition to the steps mentioned above and change the relevant information. Clicking the final „Buy“ button constitutes a binding contract between the provider and PrimeLuxEstates.
B, Conclusion of contract with realtors:
Realtors may book one of the advertising packages on offer. The contract shall then be concluded as described under A.
In addition, realtors may request a custom quote
online. Prices for realtors can also be obtained by email (firstname.lastname@example.org) or phone. Realtors may send an order by mail to the address Hartmut Konetzka Media UG (limited liability), Fleher Str. 169, 40223 Düsseldorf, Germany, or by email to email@example.com, including the following information:
• Desired advertising package and duration
• Email address
• Business address (company name, full address, no PO Boxes)
• Authorized representative (name of the managing director, owner, etc.)
• Proof of your realtor activity (business license, excerpt from the commercial register, etc.)
• VAT identification number (if available).
The written acceptance of the order and/or activation of the ordered advertising package shall constitute the conclusion of a binding contract between PrimeLuxEstates and the realtor.
A, For an additional fee, providers can purchase special forms of advertising
, such as a TOP placement for individual ads. These run once for the fixed contract period specified and agreed.
B, Realtors also have the opportunity to extend the advertising packages they book. In order to do so, they can send a request for a quote to PrimeLuxEstates as described in Section 3.1.B. PrimeLuxEstates will then submit an offer for the added services at an additional charge. The contract shall be extended by the originally agreed duration of 6 or 12 months (see Section 10.1.) from the date on which extension is agreed as binding. The extended advertising package may not be downgraded during the contract period.
3.3. With regard to the properties on offer, contracts are concluded solely between the respective provider and the prospective buyer. PrimeLuxEstates shall not be liable for any damages that may result from contracts concluded between users of the platform.
4. Right of Cancellation
Consumers (see above) have the following
Right of Cancellation:
You have the right to cancel this contract within fourteen days without providing a reason. The cancellation period is fourteen days from the date of conclusion of contract.
To exercise your right of cancellation, you must inform us, Hartmut Konetzka Media UG (limited liability), represented by Managing Director Hartmut Konetzka, Fleher Str. 169, 40223 Düsseldorf, Germany, Phone (+)49 02111682072, E-Mail firstname.lastname@example.org, by submitting a clear declaration (e.g., a letter, fax, or e-mail) of your intention to withdraw from this contract. You may, but do not have to, use the attached cancellation template.
In order for the cancellation period to be deemed observed, it is sufficient if you submit notice of your intention to exercise your right of cancellation before the end of the cancellation period.
Effects of cancellation
If you withdraw from this contract, we must return all payments that we have received from you, including delivery costs (with the exception of the additional costs arising if you have chosen a type of delivery other than the most economic standard delivery we offer) immediately and at the latest within fourteen days from the date on which we received your notice of cancellation of this contract. We will refund these payments using the same payment method you used for the initial transaction unless explicitly agreed otherwise; you will never be charged a fee for the refund. If you had requested that the services would commence during the cancellation period, you are liable to pay us a reasonable amount corresponding to the share of services of which you have availed up to the date on which you submitted your notice of cancellation as compared with the full extent of the services provided for in the contract.
End of cancellation policy
5. Availability of content/warranty
5.1. The content of PrimeLuxEstates shall be available to users 24 hours a day. PrimeLuxEstates guarantees average annual accessibility of the website of 93%. PrimeLuxEstates shall not be liable for unforeseeable technical malfunctions or other failures which result in non-availability of the website and are not within the area of responsibility of PrimeLuxEstates (force majeure, fault of third parties, in particular DoS attacks from the Internet, etc.). Accessibility may, however, be limited due to necessary technical maintenance. Insofar as this pertains to predictable routine work, PrimeLuxEstates will provide notifcation of the period of restricted accessibility with a reasonable lead time of at least 14 days. In case of interruptions that require immediate action, no notification is required. Immediate action is always necessary when the security of network operations, the maintenance of network integrity, and especially the avoidance of serious disruptions to the network, the software, or stored data, so require. PrimeLuxEstates shall not be liable for the non-accessibility of content. This does not affect the unlimited liability for damages arising from injury to life, body, or health, or any other damage caused by a negligent or grossly negligent breach of duty by PrimeLuxEstates or an intentional or negligent breach of duty by a legal representative or vicarious agent. This unlimited liability also applies to breach of contractual cardinal obligations, i.e. such contractual obligations on which the provider relies and may rely. Furthermore, liability is limited to the damage typically occurring in the transactions underlying these Conditions.
5.2. PrimeLuxEstates shall not be liable for damages arising from misuse of data by third parties, unless this is due to the fault of PrimeLuxEstates.
5.3. The content of the ads, see Section 6. is the sole responsibility of the providers. PrimeLuxEstates has no influence on the content of the real estate ads. The provider is solely responsible for their accuracy. The same applies to inquiries from potential buyers. PrimeLuxEstates offers users no services beyond the provision of the platform and the ad templates.
5.4. PrimeLuxEstates makes no assurances of special properties (e.g., advertising effectiveness, revenue and profit improvement) for any of its contractual services.
6. Content of ads
6.1. The content of the advertisements must be in accordance with the statutory provisions. This applies in particular with regard to the necessary information on prices and their components and other legal obligations to provide information. In as far as PrimeLuxEstates is made aware of illegal content or illegal offers by third parties, it reserves the right to remove the offer from the portal if the provider fails to resolve the complaints without delay.
6.2. Offers in the case of which a commission is required upon closing must explicitly mention this condition and the commission amount (including any applicable VAT or other taxes).
6.3. New build projects must be categorized as such in any case, as these are defined by special parameters in the search and this cannot be guaranteed without the respective categorization.
6.4. The contact data of the provider may only be specified in the intended fields. Providers are forbidden to reproduce links to other businesses or websites or to display other contact information such as telephone, email, and fax number in the exposé.
6.5. The title and brief description must be reproduced in standard notation. Predominant or exclusive CAPITALIZATION/use of lower case is prohibited.
6.6. Text form fields for which a language is pre-defined may be populated only in the specified language. Each listing must advertise only one concrete property. It is prohibited to summarize multiple objects in one listing (e.g., 30 luxury apartments in Majorca). Each property may be listed only once.
6.7. PrimeLuxEstates reserves the right to reject, modify, or delete real estate listings that do not meet these requirements upon noting such non-compliance, and to exclude their providers permanently from use of the platform.
7.1. Photographs must meet the following requirements: Photos must not contain a company logo, references to email addresses or other contact info or website addresses and promotional texts. Photo collages of any kind, special effects, or image frames are not allowed.
The inclusion of a date, watermark, accidentally photographed persons or obstructions, and text such as "sold"/"reduced" are not allowed. The photos must be of good/reasonable image quality.
Visualizations, with the exception of ad-free visualizations of new construction projects, are prohibited. The default view (photo used in the list view) must always show the property offered. Only suitable high-quality visualizations may be used as default views. Google Maps, Earth, Microsoft Bing, or map views of other third parties may not be used and displayed as a photo. In addition to photos showing the property actually on offer we also allow representations of floor plans, photos of the surroundings, and sketches related to the object.
7.2. By uploading the photos, the provider confirms that the images are free from third-party rights. Due to the large number of ads on the platform, PrimeLuxEstates cannot and will not check ownership rights. Should PrimeLuxEstates be made aware by a third party of a copyright violation in relation to photographs used in advertisements, PrimeLuxEstates will remove the affected listing immediately. PrimeLuxEstates reserves the right to immediate termination of the contract as well as deletion of the user account in accordance with Section 10.3. in the case of repeated or multiple violations.
8. Professional articles in the PrimeLuxEstates magazine
PrimeLuxEstates offers its registered users the possibility to publish professional articles about developments in the real estate industry, particular regions, construction methods, etc. in the PrimeLuxEstates magazine
. These articles may not be used to advertise any properties and may not contain references to other companies and websites or any other contact data. A link to the website of the author, including commercial websites, is permitted. Photos in articles must meet the requirements outlined in Section 7. By posting an article in the PrimeLuxEstates magazine
, the author grants PrimeLuxEstates a simple, perpetual right to use the article for the purpose of reproduction (full or partial) of the article in the PrimeLuxEstates Newsletter and on social media platforms such as Twitter, Google +, and Facebook. In the case of posting the article to social media platforms (Facebook, Google Plus, Twitter, etc.), PrimeLuxEstates also has the right to grant such platforms a sublicense.
9. Prices and Payment
9.1. The prices in the price lists
valid at the time of conclusion of the contract apply. Prices may also be requested by email (email@example.com) or by phone.
9.2. For German and European end consumers, prices listed always include the applicable statutory VAT (currently 19%). For German companies, the prices are net prices excluding the applicable statutory VAT (currently 19%). Companies within the EU receive invoices without VAT. For this purpose, we require the VAT identification number of the company. No VAT is charged for end consumers and companies outside of the EU.
9.3. The provider may choose from several payment types
, currently prepayment, PayPal, credit card, or „on account“. When paying in advance, via PayPal, or by credit card, the payment is due immediately upon conclusion of the contract. When paying by credit card, the credit card account of the provider is charged at the time of completion of the listing order. In the event of unauthorized charge back of credit card payments, PrimeLuxEstates will charge the respective bank fees and €5.00 for each reminder.
For invoices in the amount of €50 and over (including VAT.), PrimeLuxEstates offers the provider the option of paying „on account“. When paying „on account“, the amount is to be paid within 14 days of the invoice date. The provider is liable for any applicable transfer fees for foreign transfers.
9.4. In the event of delayed payment of the provider, the legal regulations for default apply. Pursuant to § 288 BGB (German Civil Code), the interest rate for the customer amounts to 5% above the base lending rate per annum, the interest rate for entrepreneurs to 8% above the base lending rate per annum. We also refer the reader to the consequences of continued delay in payment outlined in Sections 10.3. and 10.4.
9.5. Offset rights are available to the provider only if his counterclaims against PrimeLuxEstates have been legally established, are undisputed, or have been recognized by PrimeLuxEstates.
9.6. If the provider is an entrepreneur, he has no right of retention if his counterclaims are disputed by PrimeLuxEstates.
10. Term and Termination
10.1. The property listings for property owners at PrimeLuxEstates are subject to a fixed term of 3, 6, or 12 months. The advertising packages for real estate agents are subject to a term of 6 or 12 months. The respective term is not renewed automatically, with the exception of the display package extension pursuant to Section 3.2.B. The provider may extend his advertisement / advertising packages based on the currently valid PrimeLuxEstates price list.
10.2. Any object that has been sold or is no longer for sale must be removed immediately, at the latest within 14 days
after the reason has come to light. In the case of failure to delete the listing within 14 days, PrimeLuxEstates may delete the real estate ad without notice. The payment claim of PrimeLuxEstates remains unaffected.
10.3. Each party has the right to terminate the contract without notice for an important reason. A compelling reason pursuant to § 314 BGB exists if the party giving notice cannot be expected to continue the contractual relationship until the agreed termination date or until the expiration of a period of notice, taking into account all circumstances of the individual case and weighing the interests of both parties. A compelling reason exists for PrimeLuxEstates if the user does not take remedial action regarding content that constitutes a breach of contract and/or does not abstain from activities that constitute a breach of contract despite a request to do so. Failure of a provider to fulfill his payment obligations despite repeated extensions also constitutes a compelling reason.
10.4. The right to immediate termination by PrimeLuxEstates includes the right to delete the respective advertisement or advertising package. In the case of repeated late payment after the respective provider posts a new ad or books a new advertising package, PrimeLuxEstates may delete the user account and permanently block the provider from the platform.
11. Information for consumers in distance sales contracts and customer information for contracts related to electronic commerce
a) PrimeLuxEstates is not subject to particular codes of conduct not mentioned above.
b) Any input errors made when placing an order can be seen by the provider in the final confirmation before clicking the „Buy“ button and corrected at any time using the edit function by clicking on „Back“ before finalizing the order.
c) The user can view the essential features of the services offered by PrimeLuxEstates and the validity of limited offers in the individual listing descriptions as part of the Internet content.
d) The contract language is German.
e) The user may address complaints and warranty claims to the address specified in the Provider Identification
. Consumers have a statutory right to the correction of defects, for which we are liable.
f) The user can save the contract text by right clicking on the browser window or print it using the print function of his browser. The contract (consisting of the order data and the GTC) will also be stored by PrimeLuxEstates and emailed to the provider after the conclusion of contract, together with the invoice. Registered users may view their previous orders or other stored data under the menu item „My PrimeLuxEstates“ > „My Orders“.
12. Transmission of supplementary information and offers, complementary distribution of offers
PrimeLuxEstates is entitled but not obliged to provide users with additional information or offers in connection with the proposed sale or purchase, both on its own behalf and that of third parties.
PrimeLuxEstates is also entitled but not obliged to undertake complementary distribution of the offer via cooperating websites free of charge to the provider. The provider has the right to object such distribution.
13. Copyright and usage rights
All content made available by PrimeLuxEstates is subject to copyright. The non-contractual use or reproduction of this content by providers or other third parties is permitted only with the written permission of PrimeLuxEstates. The provider grants PrimeLuxEstates a simple, worldwide usage right for the content of ads, especially text and photos, as part of the listing agreement. This includes the right to make the advertisement, with its text and photos, publically available via the PrimeLuxEstates platform and social networks such as Facebook, Google Plus, Twitter, etc. or search engines such as Yahoo, Zillow, etc. or on partner websites or to reproduce them in print media. PrimeLuxEstates reserves the right to grant a sublicense to the extent that this is necessary for the use of a social media platform such as Facebook, Google Plus, Twitter etc. By posting photos, the user affirms that he owns the necessary rights or has obtained the rights of use. This includes the right to be permitted to grant PrimeLuxEstates a simple usage right to the photo(s) for the purposes outlined above. The user undertakes to indemnify PrimeLuxEstates from any third-party claims asserted on the basis of copyright infringement pertaining to the photos posted by the provider. PrimeLuxEstates reserves the right to immediately remove the affected photo from the platform when an allegation of copyright infringement is made by a third party.
In the case of ongoing contracts, users shall receive changes to these Terms and Conditions in written form 6 weeks before the proposed effective date. The consent of the user shall be deemed granted if he does not object by the specified effective date of the change. This de facto acceptance by non-response shall apply only when PrimeLuxEstates notifies the user of this policy by referring to this provision when submitting the offer. If the user objects, both parties have a right of cancellation pursuant to Section 10.3.
15.1. The law of the Federal Republic of Germany applies to the contractual relationship between PrimeLuxEstates and the user as well as the respective Terms and Conditions. If the user is a consumer, the legal provisions and rights in favor of the consumer valid under the laws of the country of residence of the user remain unaffected by this agreement. The application of CISG (United Nations Convention on Contracts for the International Sale of Goods) is excluded.
Note on the online platform of Commission to the out-of-court settlement of disputes: The European Commission provides a platform for online dispute resolution (pursuant to Art. 14 para 1 ODR Regulation). You can find the platform under http://ec.europa.eu/consumers/odr
. Our e-mail address: firstname.lastname@example.org
15.2. Exclusive jurisdiction is the court of the place of business of PrimeLuxEstates if the user is a merchant in the sense of the German Commercial Code or a public corporation. PrimeLuxEstates also has the right to sue at the user's place of business.
15.3. Should individual provisions of this contract be or become fully or partially invalid, the validity of the remaining provisions of the contract shall not be affected. The invalid provision shall be replaced with a legally valid provision.