These terms and conditions govern the use of the online offer of Buy Berlin Investments GmbH, MommsenStr. 57, 10629 Berlin ('the broker') on www.buyberlin.berlin ('the website') and the contractual relationship between the broker and his clients.
(1) The offers on the website and in the exposés are based on the information and information of the owner or other third parties and are not checked by the broker. The offers are free and non-binding.
(2) All rights to the contents of the website and the exposés are, unless otherwise indicated, with the broker. The customer is prohibited from copying, distributing and / or publishing copyrighted content outside of the legal limits of §§ 44a ff UrhG. This prohibition applies regardless of the form in which the reproduction, distribution and / or publication act takes place and also expressly refers to the inclusion of copyrighted content for immediate retrieval (so-called embedded content).
(1) For the proof of the opportunity to conclude a purchase or lease agreement or for the brokerage of such a contract, the customer undertakes to pay a commission to the broker. For sales contracts, the commission amounts to 7.14% inc. tax.
(2) The commission is due upon conclusion of the purchase or main contract, without the need for separate invoicing.
(3) The customer is obliged to reimburse the agent for the expenses incurred in fulfilling the order (e. g. advertisements, Internet presence, telephone costs, postage costs, site inspections and travel expenses) if a contract is not concluded.
(1) The customer undertakes not to use any offers, information or exposés sent to him by the broker without the prior written consent of the broker or to notify third persons.
(2) In the event of culpable violation of the obligation under § 4 (1) of these General Terms of Contract and Conditions of Use, the customer pays a contractual penalty in the amount of lost commission pursuant to § 3 in the case of conclusion of a purchase or main contract. 1) of these General Terms of Contract and Conditions of Use, provided that a purchase or main contract between the third party and the owner takes place without the involvement of the broker. For the calculation of the commission, § 3 (1) of these General Terms and Conditions of Contract applies accordingly.
(3) The aforementioned disclosure prohibition also applies beyond the termination of the contractual relationship.
The customer assures that the data provided by him are accurate and complete.
The broker is entitled to act both for the owner and for the customer.
(1) The broker is not liable for the accuracy and completeness of the offers listed on the website or in the Exposé. Insofar as third-party contents (videos or images) marked as such on the website and / or in the exposés are involved, the broker assumes no responsibility for the correctness and / or legality of such contents. Detached from this, the broker is liable for the careful and professional provision of its contractual services and their freedom from defects.
(2) Unlimited liability: The agent is liable for intent and gross negligence. For slight negligence, the broker is liable for damages resulting from injury to life, limb or health of persons.
(3) Limitation of Liability: The broker is only liable for slight negligence - in the event of a breach of a material contractual obligation, the fulfilment of which enables the proper execution of the contract in the first place and on whose observance the customer may regularly rely (cardinal duty), and - limited in amount to the damages foreseeable at the time of conclusion of the contract and typical for the contract.
(4) This limitation of liability also applies to the vicarious agents of the broker.
(1) Should these terms and conditions of use contain ineffective provisions, the validity of the remaining conditions shall remain unaffected.
(2) Changes to the terms and conditions must be in writing; Verbal and telephone commitments must be agreed with the management and confirmed in writing in order to be effective.
(3) The present conditions are exclusively governed by German law excluding the UN Sales Convention.
(4) If the customer is a merchant, a legal entity under public law or a special fund under public law, Berlin shall be the place of jurisdiction for all disputes arising from or in connection with these conditions.
(5) The European Commission provides a platform for out-of-court online dispute resolution at http://ec.europa.eu/consumers/odr/ . We are neither obligated nor willing to participate in a dispute settlement procedure before a consumer arbitration board.