A-State Immobilien GmbH, Kurfürstendamm 32, 10719 Berlin

A-State Immobilien GmbH Terms & Conditions

 

Preamble

These General Terms & Conditions („GTC“) form the basis for all transactions between A-State Immobilien GmbH and her business partners, both within and outside of Germany. In the event that the contracting party is a businessman in the sense envisaged by the German Commercial Code (HGB), these GTC also apply to all future transactions.

 

§ 1  Our business activities

A-State Immobilien GmbH is engaged in marketing and selling residential real estate. In the context of these activities, it is conceivable that A-State Immobilien GmbH enters into a special agreement with an individual business partner. Regardless of whether that is the case, the GTCs are to be regarded as guiding principles, complement or addition to such agreements.    

   

§ 2 Applicable law

In relation to the services rendered by A-State Immobilien GmbH or its affiliates, the provisions of the German Civil Code (BGB) shall apply, including § 305 ff in relation to building services/construction works that have been carried out by or on behalf of A-State Immobilien GmbH. In relation to such works the General Contract Terms for building services / construction works (VOB/B) shall apply.          

 

§ 3  Limitation of liability

A-State Immobilien GmbH does not assume liability for the accuracy of any representations made in the context of marketing, consultation and sales activity, because the facts and figures on which that information is based is predominantly sourced from third parties. A-State Immobilien GmbH´s liability is limited to circumstances in which the information provided constitues a grossly negligent act or omission within the context of our contractual obligations.      

4.1 Data Protection

A-State Immobilien GmbH takes the issue of protection personal data such as names, addresses, telephone numbers and E-Mail addresses very seriously. Our Webseite and our Social Media Accounts are subject to the provisions of German Data Protection Legislation.

 

4.2 Personal Data

Personal information is only collected via our website and social media pages with the permission of the user. The decision to provide personal information in registration forms, surveys or other forms is a matter for the user. Personal information regarding the user is used exclusively for the processing and answering of inquiries, to pass on such inquiries to members of staff, representatives or affiliated companies of A-State Immobilien GmbH, as well as to allow access to personal information in the context of an offer to a customer. In order to optimise customer service levels A-State Immobilien GmbH uses CRM software in the context of which we may be required to save personal information centrally within a group of affilliated companies in order to improve our products and services and to better understand the needs of our users. Should one of our users not agree to such use of their personal information in such circumstances, they can write to us accordingly. In such circumstances, the the personal information of the user will be made inaccessible with immediate effect. Upon request we are happy to provide information to you in writing as to what personal information of yours we have stored. Personal information will only ever be passed on to third parties in keeping with our statutory data protection obligations. Our members of staff have a duty of confidentiality towards our client base.


4.3  Automatically recorded, non-personal data

When you visit the website or social media pages of A-State Immobilien GmbH it is possible that certain information that is not related to a particular person (such as the internet browser or operating system, name of the internet provider, details of websites visited immediately before that of A-State Immobilien GmbH). A-State Immobilien GmbH uses such information in order to optimise the design of its own website.   

 

4.4 Cookies – Facebook Conversion Tracking

When you visit the A-State Immobilien GmbH website, it is possible that Cookies, that recognize you when you next visit the website, are stored on your computer. Cookies help to adapt the content of the website to the interests of the specific user and to store user data, so that the user does not have to re-enter the same data on a subsequent visit. If you do not agree to the use of Cookies, we would ask you to change the settings on your internet browser, so that cookies are either deleted from your computer, are disabled or you receive a warning prior to cookies being stored.                  


4.5 Data Protection Measures

The world wide web is a publicly accessible system. The disclosure of personal information is at the risk of the user. Personal information can be lost during transmission or fall into the hands of unauthorized third parties. A-State Immobilien GmbH will take all necessary security measures in order to ensure the security of personal information. Your information will be carefully protected from loss, destruction, forgery, manipulation and unauthorized access and dissemination.

 

4.6 Google Analytics

Google Analytics uses so called “Cookies”. These are text files that are saved on your computer and enable an analysis of your use of the website. The information generated by the cookies in relation to your use of the website (including your IP address) is generally transmitted to a Google server in the US and stored there. With the help of this information Google evaluates the use of the website, generates reports about the website activity for the website operator and offers further services in connection with the website and internet use. On top of that Google may pass on such information to third parties, insofar as this is permissible by law or those third parties are processing the information on the instructions of Google. Google never connects your IP-Address with other information that is saved by Google. You can prevent the installation of Cookies by going to settings in your browser software and disabling them. We must however point out, that in those circumstances, the functionality of the website may be limited. Through the use of this website you acknowledge and accept that Google is going to process your information to the extent and for the purposes set out above.              
 

4.7 Liability

A-State Immobilien GmbH offers no guarantee that the information contained on the website is fit for any particular purpose. The information is merely made available to the user without any liability being incurred whatsoever, irrespective of the legal basis. The information available on the website does not constitue an offer in legal terms. A-State Immobilien GmbH reserves the right to supplement, alter or delate any of the information made available on the website at any time. A-State Immobilien GmbH does not give any undertakings or warranties as to the information, software or other materials („downloads“) on the A-State Immobilien GmbH website being free of any viruses or harmful components. All claims for damages against A-State Immobilien GmbH in relation to information contained on the website, irrespective of the legal basis upon which they are brought, but in particular in relation to affirmative breaches of contract, negligence when entering into a contract or unlawful acts, are herby excluded. The exclusion of liability is not excluded in cases of statutory liability, intent or gross negligence, warranted characteristics or breaches of essential contractual obligations. The amount of damages are however limited to normal contractual and foreseeable damages, with the exception of instances of intent or gross negligence. These provisions in no way alter the burden of proof vis a vis the user.

 

4.8 Liability for links

The Website of A-State Immobilien GmbH contains links to other websites that are not run by A-State Immobilien GmbH. Such external websites display information provided by natural persons or legal entities that are not to be equated with A-State Immobilien GmbH. A-State Immobilien GmbH is not responsible for the content of these websites and the link of our website to other websites does not constitute approval, support or confirmation of the information displayed on such websites. Other brands that are mentioned on the website of A-State Immobilien GmbH are the product, company or brand name of their respective proprietors. All rights that are not expressly granted to the user, remain with their respective proprietor. Provided that the copyright of A-State Immobilien GmbH is acknowledged, that the information is used solely for the purpose of informing the user, that its content is used exclusively for non-commercial purposes and that no changes to the information contained on the website is made, copyright users of the A-State Immobilien GmbH website may use, copy and work with the documents and graphics contained in the website in their unalterted state.

 

§ 5. Money Laundering Statutes (GWG)

A-State Immobilien GmbH has taken steps to combat money laundering, the financing of terrorism and other criminal offences, such as fraudulent activities,  contrary to s. 25h of the Banking Act (KWG). The Money Laundering Act (GWG) requires that A-State Immobilien GmbH request certain information of natural person or legal entity with whom it is envisaged to enter into a business relationship, when selling a residential property unit, including establishing their identiy as well as the origins of the funds with which it is intended to complete the transaction with A-State Immobilien GmbH. In the context of these obligations, A-State Immobilien GmbH is required to complete the following checks, in relation to each potential buyer:

5.1           check the identity of the buyer(s)
5.2           keep a copy of their identity papers (passport, personal identity card)
5.3           obtain confirmation, in writing, that the funds used for the completion of the
                  transaction are exclusively the funds of the buyer and not  state or NGO funds, and
                  that the funds are not from the proceeds of terrorist activities or money laundering.
5.4           retention of a form on which the buyer, by way of his signature, has confirmed all of
                  the above.

 

§ 6. Brand Protection

A-State Immobilien GmbH is committed to protecting its own brand, as well as the brands of ist business partners, in particular their image and copyright. A-State Immobilien GmbH is committed to not uploading content onto its website or into its CRM (Salesforce) Software that constitutes unauthorized content. Authorized content is any content that has been created on the instructions of business partner of A-State Immobilien GmbH and has been expressly approved by them in writing. Content includes video, photos and descriptions of property.   

 

§ 7.   Severability Clause

In the event of abrogation of any of the provisions in these Terms & Conditions the remaining Terms & Conditions shall remain unaffected and in force.             



§ 8.  Applicable Law and Jurisdiction

The place of performance of any and all obligations arising from transactions between A-State Immobilien GmbH and third parties is Berlin. The jurisdiction for all disputes shall be the registered office of A-State Immobilien GmbH, i.e. Berlin.

 

§ 9. Conciliation and Arbitration

A-State Immobilien GmbH is principally always willing to solve contractual disputes by way of conciliation or arbitration. In accordance with § 37 of the Consumer Dispute Resolution Statute (VSBG) A-State Immobilien GmbH is required, by law, to indicate both on her home page and her Terms and Conditions (AGB) her willingness to  engage in the process of extrajudicial dispute resolution. In conformity with § 36 Abs. 1 Satz 2 VSBG A-State Immobilien GmbH is further required to provide contact details for the appropriate consumer dispute resolution centre: Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, Tel: 07851 7957940, E-Mail: mail@verbraucher-schlichter.de


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