Contracting parties and object of agreement
Deal Estate AG (hereinafter “Deal Estate”) provides the client (hereinafter “client”, “seller”, “buyer”) with a web-based communication, intermediation and transaction platform for real estate transactions.
The client receives an account/access and an online profile on the internet platform. The client may act as either buyer or seller.
Deal Estate AG provides the client with intermediary services. The conclusion of the contract of sale between buyer and seller is not possible via the internet platform.
Scope of application
These general terms and conditions (hereinafter “GTC”) apply to the entire legal relationship between Deal Estate and the client, to the exclusion of all other GTC. Any deviating and supplementing regulations in connection with special services remain reserved.
Conclusion of the agreement
A prerequisite for the conclusion of the agreement is the client’s registration on the Deal Estate internet platform.
Deal Estate reserves the right to refuse any registration without providing any reason for its decision or entering into any discussion.
Offering and prices
Use of the internet platform is free of charge for the buyer. For the seller, Deal Estate offers services in exchange for a fee as per the separate compensation regulations. The seller is informed about the content of the relevant service, the price, and the payment terms prior to the conclusion of a fee-based contractual arrangement.
The agreement in respect of the fee-based service comes into force once the services of Deal Estate are taken up. The actions of representatives, auxiliaries and employees of the client are likewise binding for the client. Deal Estate may assume that these persons are authorised to act on the client’s behalf without reviewing their legitimacy.
Services of Deal Estate
Deal Estate enables the seller to present the properties it wishes to sell on the internet platform of Deal Estate together with images, text, plans, etc. and to communicate with interested buyers.
To the extent permitted by its resources, Deal Estate strives to provide its services free of interruptions and faults. It cannot provide any guarantee in this respect, however. In the event of foreseeable service interruptions occurring, the client will be informed wherever possible through publication of the corresponding information on Deal Estate’s website. Deal Estate may draw on the services of third parties to fulfil its contractual obligations at any time. Deal Estate may delete content and/or online profiles if there is good cause to do so.
Obligations of the client
Clients are obliged:
- to ensure that the content they make available is realistic and truthful, and that they are entitled to use it;
- to provide information on any changes of name, company, headquarters or place of domicile, billing address, and legal form;
- to treat access data confidentially;
- to use access rights in a legally and contractually compliant way;
- to only use the content of sellers in connection with the intended conclusion of a contract with the same, and to respect confidentiality vis-à-vis third parties;
- not to use any hyperlinks other than those referring to their own website.
- to inform Deal Estate immediately (including after deletion of an offer) about receipt of a binding offer either through or outside of the internet platform;
- to pay all invoices from Deal Estate promptly as per the applicable tariffs;
- The client is liable for any use or misuse of its right of access. Moreover, the client is solely responsible for all content made available by it.
Rights to client content
All property and intellectual property rights in respect of images, plans, text, etc. remain with the client. The client agrees that the content made available by it will be used for the purposes of contractual fulfilment, and in particular will be published on the internet platform of Deal Estate.
Duration of the agreement and termination
The publication of content is generally undertaken for an open-ended period. The seller may withdraw offers or delete content at any time. Any claim to compensation on the part of Deal Estate shall remain unaffected.
The client is solely responsible for backing up the data stored on the account and the online profile. Although Deal Estate makes regular backups, use of these cannot be requested or guaranteed.
Responsibility and liability
Deal Estate cannot guarantee the uninterrupted or fault-free functioning of its services, or that specific capacities will be available. Deal Estate shall not be responsible for any damages arising in connection with lost data. Deal Estate only provides the internet platform for the intermediation of real estate transactions, and is not liable for the success of such transactions. Nor does it accept any liability for any non-conclusion of contracts for whatever reasons.
Deal Estate is not responsible for the accuracy and completeness of client content. Deal Estate is also not responsible for the information and services of third parties. Deal Estate assumes no responsibility for the potential misuse of content by clients or third parties.
Deal Estate only accepts unlimited liability for losses and personal damage caused by wilful or grossly negligent actions. Any damage caused by force majeure or default is excluded. Under no circumstances will Deal Estate be liable for consequential or economic losses, data losses, or lost profits. The ceiling that applies in respect of any liability of Deal Estate is the turnover generated with the client through the offering triggering liability. Any further liability on the part of Deal Estate is excluded.
The GTC published on the website of Deal Estate shall apply. Deal Estate may change these GTC at any time and without prior announcement. Any secondary agreements, amendments, and supplements to this agreement, particularly to the GTC, require written form in order to be valid.
The client waives the right of set-off with respect to all claims against Deal Estate. The client may only transfer the rights and obligations that apply under the agreement to third parties with the prior written approval of Deal Estate.
Intellectual property rights
Deal Estate grants the client a non-transferable and non-exclusive right to use the services of Deal Estate pursuant to these GTC and the offers defined on the internet platform of Deal Estate. All corresponding intellectual property rights remain wholly with Deal Estate or third-party licensors. If the client infringes the intellectual property rights of third parties, the client must indemnify Deal Estate against any claims made against it by third parties.
Deal Estate uses personal and property data solely within the framework of statutory provisions and to implement its contractual rights and obligations.
The specific details on data protection are set out in the separate privacy statement.
In the event of individual provisions of these general terms and conditions proving ineffective, the agreement shall nonetheless remain valid. The effectiveness of all other provisions remains unaffected. The ineffective provision shall be replaced by one that most closely approximates the economic and legal purpose of the ineffective provision.
The entire legal relationship between Deal Estate and the client is subject to Swiss law, to the exclusion of the Vienna Convention (United Nations Convention on Contracts for the International Sale of Goods).
The sole place of jurisdiction for all disputes resulting from or in connection with the offering of Deal Estate shall be – subject to any divergent jurisdictions proving mandatory – the city of Lucerne.