General Terms and Conditions of Haus & Heim Immobilien GmbH
Section 1 Scope
These General Terms and Conditions apply to all brokerage agreements concluded between Haus & Heim Immobilien GmbH, Heckinghauser Straße 196, 42289 Wuppertal (“Haus & Heim Immobilien GmbH” or “we”), and its clients. Clients may be consumers or businesses.
Where masculine forms are used, this is solely for readability. All designations apply equally to all genders.
Section 2 Commission Invoice
If a main agreement triggering commission is concluded, the client will receive the commission invoice exclusively from Haus & Heim Immobilien GmbH, Heckinghauser Straße 196, 42289 Wuppertal, and can discharge the payment obligation only by paying that company.
The bank details of Haus & Heim Immobilien GmbH are:
Stadtsparkasse Wuppertal
IBAN: DE85 3305 0000 0000 1259 14
BIC: WUPSDE33XXX
In all other respects, the statutory provisions apply.
Section 3 Confidentiality
All information and documents provided by us are intended exclusively for our clients and may only be disclosed with our prior consent. The client is liable for damages in the event of a culpable breach.
Section 4 Liability
Property information, documents and plans provided by us originate from the respective other party, such as the seller or landlord. We therefore provide no warranty and accept no liability for the accuracy or completeness of this information.
Clients are responsible for checking the accuracy and completeness of the property information provided.
In cases of damage caused by ordinary negligence, Haus & Heim Immobilien GmbH is liable only for breach of an essential contractual obligation whose performance characterises the agreement and on which the client may rely, and liability is limited to damage typical of the contract and reasonably foreseeable. This limitation does not apply to damage arising from injury to life, limb or health, or in cases of mandatory liability, particularly where a guarantee has been assumed.
Section 5 Consumer Information on Dispute Resolution
Haus & Heim Immobilien GmbH is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board. It also does not participate in alternative dispute resolution proceedings in consumer matters pursuant to Section 36 VSBG.
Section 6 Jurisdiction and Applicable Law
If the client is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction is Wuppertal.
German law applies. For consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the country of their habitual residence.
Section 7 Severability
Should individual provisions of this agreement be or become wholly or partially invalid, the validity of the remaining provisions shall remain unaffected.