General terms and conditions
General terms and conditions for the Internet platform "Planetproperty" (marketing of international properties luxury real estate.) by Hartmut Konetzka, Fleher St. 169, 40223 Düsseldorf, termed Planetproperty in the following.
The contract language is German. If you are facing a translated version of this statement in comparison to the German version come to inconsistencies, the German version is always decisive.
By participation in the Internet platform "Planetproperty" the user, whether as advertiser or seeker, explicitly accepts the validity of these general terms and conditions of the version valid at the time of use.
2. Free participation
The participation in the basic services offered by Planetproperty (the search for real estate and submission of inquiries and online listings) is free of cost. Prerequisite for participation is a valid e-mail address for the duration of the participation. Planetproperty reserves the right for itself to limit the free use. There is no legal right to the permant free use of the internet platform.
Commercial suppliers are obliged to disclose their commercial status in the appropriate fields of the input masks.
3. Chargeable services
We do not offer any chargeable services.
4. Change in prices
An announcement concerning price changes is carried out in writing or via e-mail.
5. Contents, form and purpose of the advertisementsThe publication of advertisements is exclusive to advertisements pertaining to the sale of residential and commercial real estate as well as properties. Moreover the objects shall possess an exclusiveness of their interior or be located abroad. The abandonment of property adverts is permitted ONLY real estate agents and property developers with a corresponding business license. All the members not of this group are not allowed to add property adverts, they must mandatory hire a real estate agent.
Advertisements with less than one object photo and without sufficient descriptions will not be published.
The supplier obliges himself to compile the information about a listing which is to be transmitted to Planetproperty carefully and truthfully. Every object may only be listed once at any given point in time. The advertisements can be illustrated with photos stemming from the object actually offered or with floor plans, photos of the surroundings or outlines associated with the object.
By transmitting photos and texts to Planetproperty the supplier confirms that he has the rights to these photos and texts and that they are not subject to the rights of third parties.
The advertisement must not violate existing law by wording, visual presentation, and the purpose pursued.
Offers for which a commission is asked in case of a successful transaction have to make explicit mention of this and list the amount asked as commission.
In principle, Planetproperty reserves the right to decline, change, and delete advertisements and to exclude single participants on a continuing basis.
6. Deletion of advertisements
Every object which was sold or is no longer offered for other reasons has to be deleted within 14 days after this unavailability becomes known. If the deletion is not carried out within 14 days, planetproperty has the right to delete the advertisement without notice.
7. Use of transmitted information
The supplier is obliged to use the information about requests supplied on the basis of a particular offer solely in connection with the intended specific real estate transaction. Passing on of information to third parties or use of the information for other purposes is strictly prohibited.
8. Sending of supplementary information and offers, supplementary distribution of advertisements
Planetproperty is authorized but not obliged to transmit additional information or offers of its own or a third party which are connected to the intended sale or purchase to suppliers or seekers. Planetproperty is also authorized but not obliged to carry out a free supplementary distribution of the offer via cooperating web sites.
9. Consequences of the disregard of these general terms and conditions
Planetproperty may decline, change or completely delete advertisements, discontinue the contractual relationship without observance of a time limit, and exclude advertisers from participation on a continuing basis. This is particularly true if the participant acts against these general terms and conditions or misuses the system in another way or unrightfully refuses the settlement of claims by Planetproperty.
Planetproperty merely provides the technical prerequisites for the conveyance of information. The advertiser himself/herself is exclusively responsible for the correctness and the contents of the advertisements. The identity of the advertiser is not checked by Planetproperty.
Planetproperty is not liable for losses incurred due to shortened or falsified appearance of advertisements or to misuse of data by a third party.
Planetproperty does not guarantee that advertisements are available or deleted at any particular point in time.
Planetproperty does not assure particular qualities for any of its contractual services (e.g. advertisement effectiveness, improvement of sales and profits). The service of Planetproperty is rendered if the Internet program is available at an annual average of 90% of the time.
Planetproperty is not liable for any damages caused by software originating from Planetproperty. With the installation of the software on his/her computer the participant specifically acknowledges this exclusion of liability.
Damage claims against Planetproperty are categorically excluded, independent of the cause in law. In any case the liability is limited to the fee, of the part of the delivery and service of Planetproperty, from which the damage claim results.
A contractual relationship existing between Planetproperty and the participant can be discontinued by both parties with a cancellation period of two weeks. The termination has to be carried out in writing or via e-mail.
Advertisement subscriptions have a contract duration of 6 or 12 months and are not automatically prolonged.
13. Copyright and right of use
All information, trademarks, texts, programs and pictures are subject to copyright. The further processing and use in media of any kind by third parties is allowed only with written permission of Planetproperty. The rights of the advertisers remain unaffected by this.
These advertisements, individually and in totality, may only be reprocessed or published on other internet pages or in other media by third parties with the written consent of Planetproperty. The rights of the advertisers to his/her advertisements remain unaffected by this. He/she can continue to freely make use of his/her own data.
14. Validity of German law, jurisdiction
The law of the Federal Republic of Germany applies.
Exclusive place of jurisdiction for all legal disputes is Düsseldorf. Further, Düsseldorf is agreed on as place of jurisdiction if the participant transfers his place of residence to another country or does not have general place of jurisdiction in Germany.
15. Severability clause
The nonvalidity of single terms within these general terms and conditions does not invalidate the effectiveness of the other terms. First and foremost terms which most closely correspond to the invalid ones and secondly legal terms, are substituted for the ineffectual ones.