GENERAL TERMS AND CONDITIONS (GTC) - § LEGAL NOTICE § -
by KLEIN & OSTERBERG (www.kleinosterberg.com)
The following General Terms and Conditions (GTC) have become the basis of the brokerage contract. The client has acknowledged the inclusion of these GTC in the brokerage contract and confirms that he has been given a copy of these GTC or that he has been made aware of the possibility of viewing these GTC here on the Internet at www.kleinosterberg.com.
§1 The brokerage contract between the company KLEIN & OSTERBERG and the client is concluded either by written agreement or by the use of the brokerage services of the company KLEIN & OSTERBERG on the basis of or with knowledge of the commission claims arising for the successful brokerage/proving activity. If the circumstances or deviating agreements indicate otherwise, the contract shall have a term of six months and shall be automatically extended by a further month in each case unless one of the contracting parties has given one month's notice of termination before the end of the contract.
§2 The client of KLEIN & OSTERBERG undertakes to pay a brokerage commission specified in the brokerage agreement or in another agreement upon conclusion of a contract brokered by KLEIN & OSTERBERG (e.g. purchase agreement, rental agreement, lease agreement, usage agreement, participation agreement, etc.).
If such a commission has not been expressly agreed, the client undertakes to pay a commission of 3.57% of the purchase price including VAT in the event of the purchase or sale of a property. A corresponding commission shall be charged to both the buyer and the seller, unless expressly agreed otherwise. This does not apply in relation to the buyer if KLEIN & OSTERBERG acts as a unilateral representative of the seller's interests and does not conclude a brokerage agreement with the prospective buyer.
§3 The commission is due and payable upon conclusion of the brokered contract. The client shall be in default of payment if he does not settle the fee claim within 30 days of the due date and receipt of an invoice or an equivalent payment schedule.
§4 During the term of the brokerage contract with KLEIN & OSTERBERG, the client is not entitled to commission another brokerage company with brokerage and verification activities relating to the contractual property. In the event of a culpable breach of this provision, the customer shall be liable to KLEIN & OSTERBERG for any damages incurred as a result.
§5 KLEIN & OSTERBERG is entitled to compensation for costs incurred during the marketing period if the contract was terminated or canceled by one of the contracting parties before the agreed end of the official contract period. The company KLEIN & OSTERBERG must provide proof of the costs actually incurred during this term.
§6 All offers submitted by KLEIN & OSTERBERG are non-binding and subject to change. All information on the properties to be brokered is based on information provided by third parties. KLEIN & OSTERBERG accepts no responsibility or liability for the accuracy and completeness of this information. KLEIN & OSTERBERG is not obliged to check the information it receives from third parties. This is also not possible due to the large number of properties to be managed.
§7 The data and offers transmitted by KLEIN & OSTERBERG are intended exclusively for the recipient, who must treat them confidentially. Disclosure to third parties is only permitted with the prior consent of KLEIN & OSTERBERG. KLEIN & OSTERBERG undertakes to treat all data it receives in connection with its activities, in particular the personal data of customers, as confidential. KLEIN & OSTERBERG points out that all data is stored and retained in the data processing system.
§8 If a third party concludes a contract with the buyer/seller or tenant/landlord as a result of the forwarding of data and information, the customer of KLEIN & OSTERBERG shall be liable for damages in the amount of the commission.
§9 The commission claim is due in the sense of §652 para. 1 BGB with the conclusion of the effective main contract, if the main contract is based on KLEIN & OSTERBERG's contractual brokerage activity. The client is obliged to inform KLEIN & OSTERBERG immediately when, for what fee and with which parties the main contract was concluded. The obligation to provide information is not affected by the fact that the main contract is subject to a condition precedent and this has not yet occurred.
§10 If a rental agreement is concluded between the parties to the main contract instead of the originally intended purchase agreement, or vice versa, as a result of the brokerage and/ or verification activities of KLEIN & OSTERBERG, this shall not affect the entitlement to commission. The usual brokerage fee within the meaning of Section 653 (2) BGB shall then be deemed to be owed.
§11 KLEIN & OSTERBERG shall also be entitled to the agreed commission if an economically equivalent, identical or similar transaction is concluded (e.g. purchase instead of rent or rent instead of purchase or leasehold instead of purchase etc.). This also applies in particular if a corresponding contract is only to be concluded at a later date.
§12 If the client knows the contractual matter concerning the offered contractual object as well as the contractual readiness of the other contractual party of the main contract (prior knowledge) upon conclusion of the brokerage contract or if he obtains this knowledge from a third party during the term of the brokerage contract, he must inform KLEIN & OSTERBERG of this immediately.
§13 KLEIN & OSTERBERG limits its liability in accordance with the following regulations: The statutory provisions for damages to life, body and health, which are based on a negligent or intentional breach of duty by the company KLEIN & OSTERBERG, a legal representative or a vicarious agent, as well as for damages covered by liability under the Product Liability Act, as well as for damages based on intentional or grossly negligent breaches of contract and fraudulent intent by the company KLEIN & OSTERBERG, a legal representative or vicarious agent, apply without restriction.
KLEIN & OSTERBERG shall also be liable for damages caused by simple negligence, insofar as this negligence concerns the breach of such contractual obligations, compliance with which is of particular importance for the achievement of the purpose of the contract. The same shall apply if the client is entitled to claims for damages instead of performance. However, KLEIN & OSTERBERG shall only be liable insofar as the damages are typically associated with the contract and are foreseeable.
Any further liability is excluded regardless of the legal nature of the asserted claim; this also applies in particular to tortious claims or claims for reimbursement of futile expenses instead of performance. Insofar as the liability of KLEIN & OSTERBERG is excluded or limited, this also applies to the personal liability of its employees, workers, staff, representatives or vicarious agents.
The company KLEIN & OSTERBERG does not check the creditworthiness of the proven/mediated party and therefore assumes no liability for this.
§14 The customer may only assert rights of retention or rights of set-off against the commission claims on the part of KLEIN & OSTERBERG if the customer's claims are based on the same contractual relationship (brokerage contract) or if other claims are undisputed or legally enforceable.
§15 KLEIN & OSTERBERG does not participate in dispute resolution proceedings before a consumer arbitration board.
REVOCATION
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the date of conclusion of the contract.
To exercise the right to cancel, you must inform us (KLEIN & OSTERBERG, Harry-Blum-Platz 2, 50678 Cologne, Germany, Phone (0221) 29294751, mail@kleinosterberg.com) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You can use the attached sample cancellation form, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.
Consequences of cancellation
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract.
For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.
If you have requested that the services should commence during the cancellation period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time at which you inform us of the exercise of the right of cancellation with regard to this contract compared to the total scope of the services provided for in the contract.
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