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General Terms and Conditions (GTC)
The following General Terms and Conditions (GTC) have become the basis of the brokerage contract. The customer has acknowledged the inclusion of these GTC in the brokerage contract and confirmed that a copy of these GTC has been handed over to him or that he has been informed of the possibility of viewing these GTC here via the Internet at www.mozarter.com.
§1 Prohibition of disclosure
All information of Mozarter Real Estate Ltd. & Co. KG, the following Mozarter RE, is intended exclusively for the customer. This information must be treated confidentially by the customer. Object evidence and information of the object and/or the objects may not be disclosed to third parties without the express written consent of the Mozarter RE. The customer is prohibited from passing on all object evidence and all object information to third parties. If, on the basis of the transfer of object evidence and object information, the third party or a person who has received object evidence and object information from the customer concludes a contract, the customer is obliged to pay the commission plus VAT to the Mozarter RE, which was agreed.
§ 2 Double activity
Mozarter RE is authorized to act for both contracting parties, thus for the seller as well as for the buyer. Mozarter RE is authorized to cooperate with other brokers within the Mozarter network.
§ 3 Obligation to provide information
The client is obliged to prove that he is entitled in his capacity as owner or by power of attorney of the owner to offer the property for sale. Due to the Money Laundering Act, a brokerage company is obliged by the legislator to document the identity of the contractual partner, e.g. by means of an identity document.
The client is obliged to give the Mozarter RE power of attorney of information, information and access rights to all necessary information for the mediation of the property. The rights of information, information and inspection relate in particular to the inspection of the land register, official files, architectural services, building files, documents of the WEG administration and private contracts of the client or a third party, which are directly related to the property to be mediated.
According to § 80 para. 4 GEG, the client is obliged to present an energy certificate or a copy of it to the potential buyer or tenant. For contract negotiations, the presentation of an energy certificate is mandatory and will be transferred to the contractual partner after the successful conclusion of the main contract.
The client is obliged to ask the Mozarter RE, stating the contact details of the future contractual partner, name, address, whether the contractual partner was supplied by the activity of the Mozarter RE. The client is obliged to inform the Mozarter RE immediately and to prove the previous knowledge of the contractual partner on the basis of documents.
§ 4 Information about the object of the contract
The client is obliged to check the information and the object information for their accuracy, which he makes available to the Mozarter RE. No liability of the Mozarter RE assumes for the accuracy of the information and object information that is passed on. The Mozarter RE points out that the information and object information come from the client, here the client as the seller, customer or a third party. The information and object information are not checked for accuracy by the Mozarter RE. The offers of the Mozarter RE are subject to change and subject to error, prior sale, interim rental or other intermediate use.
§ 5 Limitation of liability
The liability of the Mozarter RE or those acting on behalf of the Mozarter RE is limited to grossly negligent or intentional behavior, insofar as the client or a third party, an interested party or a customer suffers bodily injury or loses his life as a result of the behavior of an employee.
§ 6 Reimbursement of expenses
The client is obliged to reimburse the Mozarter RE for the demonstrable expenses incurred in fulfillment of the order if a contract is not concluded. Expenses to be proven are in particular insertions, Internet presence, telephone costs, portage costs, property visits, travel costs and travel costs.
§ 7 Limitation period
The client has a limitation period against the Mozarter RE for all claims for damages of 3 years. The time for the action triggering the liability for damages is the beginning.
Statutory statute of limitations, which in individual cases lead to a shorter limitation period for the broker, apply to the statute of limitations mentioned in the GTC.
§ 8 Place of jurisdiction
If, within the meaning of the Commercial Code, the contracting parties are full merchants, the place of performance for all obligations and claims arising from the contractual relationship and the place of jurisdiction is the registered office of the Mozarter RE.
§ 9 Cancellation policy
You have the right to withdraw from this contract within fourteen days without giving any reason. The revocation period is fourteen days from the date of conclusion of the contract.
In order to exercise your right of withdrawal, you must inform the Mozarter RE by means of a clear statement, e.g. by a letter sent or by e-mail, of your decision to withdraw from this contract. You can use the following model withdrawal form for this, but it is not mandatory. In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of the revocation
If you revoke this contract, we must repay all payments we have received from you immediately and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we use the same means of payment that you used in the original transaction. If something else is expressly agreed with the customer, the agreement will be fulfilled.
If you instruct the Mozarter RE that services should begin within the withdrawal period, you must pay us a reasonable amount for expenses incurred, which was made at the time at which you informed us of the exercise of the right of revocation with regard to this contract.
Start of activity within the revocation period
If you want the Mozarter RE to already offer services within the revocation period and thus waive the revocation period, please inform us of this in a separate letter.
Quote excerpt from § 356 paragraph 4: According to § 356 para. 4 BGB, the right of withdrawal for contracts for the provision of digital content not on a physical data carrier also expires under the following conditions:
1. in the case of a contract that does not oblige the consumer to pay a price, if the entrepreneur has begun to perform the contract,
2. in the case of a contract that obliges the consumer to pay a price, if
A. the entrepreneur has begun to fulfill the contract,
B. the consumer has expressly agreed that the entrepreneur begins with the fulfillment of the contract before the expiry of the revocation period.
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