Terms of use for partner
Terms and Conditions for Partners (Advertisers)
§ 1 Scope
(1) These General Terms and Conditions (GTC) apply to us, FERIMMO GmbH, Stindestrasse 16, D-12167 Berlin, [email protected] (hereinafter, also, "the Provider")
concluding contracts in legal relationship with the advertisers or advertising partners registered on our website.
(2) These terms and conditions can be requested by the Partner at any time by e-mail to [email protected] or in written.
(3) By booking an advertising package on our website www.ferimmo.de, the Partner accepts the current version of these terms and conditions for all legal relationships between the Partner and FERIMMO GmbH as binding.
(4) The legal relationship between us and the Partner, as well as the contracts concluded in this legal relationship, are exclusively subject to these GTC. Deviating regulations or regulations of the Partner are hereby expressly waived. Deviating regulations or regulations of the Partner will not apply, even if we do not expressly waive them individually.
§ 2 Contract Subject Matter
(1) The subject of the contract is the provision of advertisements regarding the sale or rental of real estate properties and related services and the provision of banner ads on the website www.ferimmo.de, as well as the forwarding of communication between tenants/prospective buyers and Owners, landlords, brokers and service providers regarding the real estate properties or services presented on our website.
(2) The advertisements and listings are made available on our website www.ferimmo.de for users to retrieve. We reserve the right to change the design and structure of the website, provided the implementation of the contract underlying these general terms and conditions is not affected by the changes made.
(3) Partners can book advertising packages that include a special placement of the advertisements on our website.
(4) In addition, we act only as a mediator in the communication between the user and the respective Partner.
§ 3 Conclusion of Contract
(1) Registration on our platform is required for Partners. During registration, the Partner’s personal data and e-mail address are required. After registration, the Partner receives a personal user account. Partners can deactivate their account at any time. By registering, Partners recognize these terms and conditions as effective. The data provided by the Partner during the registration process, as well as the Partner’s IP will be stored by us upon completion of the registration process.
(2) The advertising packages displayed in the Partner's user account constitute binding offers for the conclusion of a contract for the use of such an advertising package.
(3) A contract for the use of an advertising package is effective once the Partner selects the desired package, following his/her registration on our platform, via his/her customer account, enters his/her payment data and confirms the booking by clicking on the "Book for a Fee" button.
(4) The details of the booking will be stored by us. The details of the booking can be viewed by the Partner via their user account.
§ 4 Prices – Payment Methods – Payment Terms
(1) Details about the prices of advertising packages and the scope of services included can be found at the respective offer page. All prices shown there are VAT inclusive.
(2) The Partner may choose advertising packages with different terms. The prices vary depending on the term and are displayed to the Partner on the respective offer page.
(3) The following means of payment are exclusively available to the Partner:
a. Payment Service Providers (PayPal and PayPal PLUS)
When paying by means of a payment method offered by PayPal, the payment is processed via payment service PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. When using a payment service provider, this allows the provider and customers to process payments. The payment service provider forwards the customer’s payment to the provider. For more information about PayPal's features and terms of service, please visit: https://www.paypal.com/webapps/mpp/ua/legalhub-full?locale.x=en_US
b. Credit Card
In the event of a rejection of a credit card charge, the customer must pay the price, plus any costs incurred, within 10 days further to the receipt of the service. These costs include e.g. the costs incurred due to the cancellation of the credit card charge. A processing fee applies for payments by credit card. The fee is displayed to the customer before sending the order.
(4) Further payment methods are not provided and will be rejected.
(5) The statutory provisions regarding the consequences of late payment apply.
(6) The contract on the use of an advertising package is automatically terminated at the end of the chosen term, without the need for a separate termination. Any cancellation before the expiration of the term booked may only be made for good cause in accordance with § 314 of the German Civil Code.
§ 5 Partner Obligations
(1) The Partner undertakes to create only real estate property offers for properties that are actually available for purchase, rent or lease.
(2) The Partner undertakes to provide complete and correct information regarding the real estate property offers and services he/she has created.
(3) The Partner assumes the sole responsibility for the completeness and correctness of all data entered by the Partner in the input fields of our portal or otherwise transmitted. We are entitled to abstain from processing inquiries, when the data provided by the Partner in our input fields or otherwise transmitted is proven to be false, untrue or inadequate. Furthermore, in case of intentional or not provision of false data by the Partner, we reserve the right to claim compensation from the Partner for any resulting damages.
(4) The Partner agrees not to create any advertisements or other content on our website that contains links or references to other online platforms or websites requiring registration.
§ 6 Copyrights and Rights of Use
All copyrights, usage rights or intellectual property rights to the content, images, logos, graphics and images on our pages or the mobile app, as well as on the software and databases used, remain with us or the respective copyright owner.
§ 7 Warranty and Liability – Disclaimer
(1) Advertisements and banner ads are hosted by us on our website. Our goal is to provide the website’s usability, regardless of the hardware and software used by visitors. Nevertheless, we cannot rule out that there might be hardware and software configurations in which the services we offer are not usable or are only partially usable. We therefore waive liability for limited or non-existent usability of our services, if this is due to the choice of a specific configuration of hardware or software by the user. However, we endeavor to establish usability in such cases, in cooperation with the user and as quickly as possible.
(2) We waive any liability for short-term and insignificant disruption in the retrievability of our web pages or retrievability disruptions that are not under our control. This also applies in particular in the event of disruptions of availability due to maintenance work on the website or server structure underlying our service. Maintenance usually takes place on weekends between 20:00 and 06:00. These cases do not entitle the Partner to abate, terminate or assert any claims for compensation. Also excluded is the liability for disruptions that are due to the unauthorized use of the Partner’s data, when the Partner is responsible for this unauthorized use.
(3) In addition, we shall be liable only for intent and gross negligence, as well as for damages resulting from injury to life, limb or health, which are based on a culpable breach of duty by us or one of our legal representatives or agents. For damages that are based on a slightly negligent breach of substantial contractual obligations for which we are responsible, we are only liable for standard contractual and foreseeable damages. Substantial contractual obligations are obligations the fulfillment of which enables the proper performance of the contract between us and the User in the first place and on the observance of which the user regularly relies. Otherwise, we assume no liability.
(4) Our website contains links and references to third party sites. These are not operated by us. Also, we have no influence on the content that is displayed on these pages. We assume no liability for the content of these websites, nor do we adopt their content. We do not control the content on these pages. We are not aware of any violations of applicable law on these pages.
§ 8 Privacy
We take the protection of partners’ and users’ data seriously. A comprehensive explanation of how we collect, store and process data can be found in our Privacy Policy.
§ 9 Form of Declarations
Legally relevant declarations and notices which the Partner has to submit to us or a third party must be provided in written.
§ 10 Governing Law – Jurisdiction
(1) The law of the Federal Republic of Germany shall apply to the legal relationships in accordance with these general terms and conditions.
(2) The statutory provisions on jurisdictions remain unaffected, unless otherwise specified in the special provision of paragraph 3.
(3) If the partner is a merchant, a legal entity under public law or a special fund under public law, then the competent jurisdiction is the one that applies to us. However, we are entitled to sue the partner at his place of residence. In case of a contract with a consumer, the place of jurisdiction is our place of business in case the Partner relocates his/her domicile or habitual residence away from the Federal Republic of Germany after the conclusion of the contract. This also applies if the place of residence or habitual residence of the Partner is unknown at the time the complaint is filed.
§ 11 Implementation of the ODR Directive
Online dispute resolution pursuant to Art. 14 par. 1 ODRVO: The European Commission provides a platform for online dispute resolution (OS), which can be found at http://ec.europa.eu/consumers/odr/.
Our e-mail address is available in the imprint.