1. SCOPE OF APPLICATION

These terms and conditions govern the use of the online offer of Buy Berlin Investments GmbH, Neue Grünstr. 41, 10179 Berlin, Germany ('the broker') on www.buyberlin.berlin ('the website') and the contractual relationship between the broker and his clients/customers. The regulations also apply to other websites or internet presences operated by Buy Berlin Investments GmbH.

2. CONTENT, COPYRIGHT

1) The offers on the website and in the exposés are based on the information of the owner of the sales object or other third parties and are not checked by the broker. The offers are free and non-binding. Errors, omissions, and prior sale remain reserved.

(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).

3. COMMISSION

(1) The buyer (consumer) undertakes to pay the broker a commission for the successful conclusion of a purchase contract between buyer and seller based on the verifiable brokerage activity of the broker or for the successful mediation of such transaction between the parties by the broker. For purchase contracts for a rented or vacant single-family house (with a maximum of one granny flat) or an apartment (also several, if no commercial activity), the commission amounts to 3.00% plus VAT. The amount of the commission is based on the legal regulations that came into force on December 23rd 2020 concerning the sharing of brokerage fees by both parties. The seller is obliged to pay commission for the same amount.

(2) If the buyer is not a consumer, but is acting commercially when purchasing the sales object, the commission for the activity of the broker mentioned before in §3 clause 1 is 6.00% plus VAT, regardless of which regulation the broker has contractually agreed with the seller. The same applies to the acquisition of residential and commercial buildings (with several units), apartment packages, commercial properties, and plot of land.

(3) If the buyer gives the broker a commission-based search order beforehand and the broker has not yet acquired the object to be purchase or has it at hand at this point in time, the commission for the activity mentioned in §3 clause 1 is 6.00% plus VAT, regardless of which regulation the broker has contractually agreed with the seller.

(4) The client (landlord or tenant) undertakes to pay the broker a commission for the successful conclusion of a rental or lease contract between landlord and tenant based on the verifiable brokerage activity of the broker or for the successful mediation of such transaction between the parties by the broker. For rental or lease contracts, the commission is 3 basic rents plus VAT and is payable by the initiator.

(5) The broker is entitled to act on a commission basis for all parties resulting from the contractual relationship to be brokered, unless otherwise regulated by law.

(6) In the case of an acquisition in the context of a foreclosure auction, the commission regulations applicable under §3 clause 1, 2 and 3 also apply.

(7) The earned commission payment to the broker is due immediately after the conclusion of the contract (purchase, rent or lease) if the brokerage is successful. The broker issues a separate invoice.

(8) The broker also has a claim to a brokerage fee when another deal - whose economic results replace the originally intended deal - is substituted for the original offer (for example, a rental or leasing contract instead of a sales agreement or vice versa, foreclosure, an expansion of the offer, or especially the granting of a pre-emption right).

(9) The commission claim remains in effect even if the concluded contract expires due to the occurrence of a dissolving or is invalid or not fulfilled due to a reservation to withdraw or for any other reason. The commission claim is not affected by the conclusion of the contract at a later date or other conditions.

(10) If the contract is concluded by economically or legally affiliated companies / persons / family members of the customer or client, the customer or client continues to owe the agreed commission.

(11) The client is obliged to reimburse the agent for the expenses incurred in fulfilling the order (e.g. advertisements, Internet presences, telephone costs, postage costs, site inspections and travel expenses) if a contract is not concluded, regardless of the fault of which party.

4. DISCLOSURE PROHIBITION

(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 (active brokerage activity) or to send them to third parties.

(2) In the event of culpable breach of the obligation according to §4 clause 1 (own active brokerage activity or through third parties), the customer pays a contractual penalty in the amount of the loss od commission, provided that a contract between third parties and the client is made without the involvement of the broker. For the calculation of the commission, §3 of these terms and conditions applies.

(3) The aforementioned prohibition according to §4 clause 1 also applies beyond the termination of the contractual relationship between the parties.

5. CUSTOMER DATA | DATA PROTECTION

(1) The customer assures that the data provided by him are accurate and complete.

(2) If possible, collecting personal data (like name, address or e-mail addresses) is always done on a voluntary basis. Whenever feasible, the use of the offers and services is always possible without the declaration of personal data.

6. LIABILITY

(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.

7. FINAL TERMS

(1) Should terms provisions be invalid, the remaining terms shall remain unaffected by this. The invalid terms are to be replaced by valid terms that are equivalent – or come closest from an economic standpoint - to the meaning of the replaced ones.

(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) Place of fulfilment and jurisdiction is Berlin, Germany.

(4) Online dispute resolution according to article 14 paragraph 1 ODR-VO: The European Commission is offering a platform for online dispute resolution that you can find here http://ec.europa.eu/consumers/odr/.

8. POLICY FOR RIGHT OF WITHDRAWAL

(1) RIGHT OF WITHDRAWAL:

You are entitled to withdraw from the contract within 14 days without having to state any reasons. The withdrawal period is fourteen days after the contract has been concluded. To exercise your right of withdrawal, you may inform us (Buy Berlin Investments GmbH, Neue Grünstr. 41, 10179 Berlin, Germany, Tel.: +49 (30) 24035668, info@buyberlin.berlin) by handing in a unequivocal statement of your decision to withdraw from the contract (i.e. via letter, telefax or e-mail). The timely despatch of the withdrawal notice is sufficient to comply with the withdrawal term.

(2) CONSEQUENCES OF WITHDRAWAL:

If you choose to withdraw from a verbal contract, we need to pay back all payments that we have received from you immediately or within 14 days the latest starting from the day we have received your notification of withdrawal. This includes delivery costs (with the exemption of extra costs that occurred because you decided for a different delivery option than the one we offered). To repay you, we will be using the same means of payment initially used by you when making the transaction. However, different means of payment may be agreed to by both parties. No charges that may occur by making the repayment will be invoiced, whatsoever. If you have asked for the service to commence within the withdrawal period, you will have to pay us a reasonable sum in accordance to the services we have already provided you with up until the moment of notification about your decision to exercise a withdrawal from the contract. The services already provided need to be paid in comparison to the total volume of the service agreed to in the contract.