General Terms and Conditions of von Poll Immobilien GmbH
Article 1 SCOPE
The General Terms and Conditions (“Ts&Cs”) shall apply to all real estate contracts concluded between von Poll Immobilien GmbH, Feldbergstraße 35, 60323 Frankfurt am Main (“von Poll Immobilien GmbH” or “we/us”), and its clients. Clients may be consumers or entrepreneurs. If the masculine form is used in the designation, this is done merely for reasons of better readability. All designations apply equally to all genders.
Article 2 COMMISSION INVOICE
In the event of conclusion of a main contract that triggers commission, the client shall receive a commission invoice only from von Poll Immobilien GmbH, Feldbergstraße 35, 60323 Frankfurt am Main, and may make the payment only to the above company with discharging effect. The bank details of von Poll Immobilien GmbH are as follows: Frankfurter Sparkasse, IBAN: DE18 5005 0201 0200 1112 05, BIC: HELADEF1822; Nassauische Sparkasse, IBAN: DE93 5105 0015 0159 0152 54, BIC: NASSDE55XXX; Commerzbank, IBAN: DE21 5004 0000 0700 8303 00, BIC: COBADEFFXXX; Deutsche Bank, IBAN: DE09 5007 0024 0013 4510 00, BIC: DEUTDEDBFRA; Mainzer Volksbank, IBAN: DE19 5519 0000 0871 4090 66, BIC: MVBMDE55XXX. Otherwise, the statutory provisions apply.
Article 3 CONFIDENTIALITY
All of the information and documents issued by us are intended only for our clients and may be passed on by them only with our prior consent. In the event of a culpable breach by the client, he shall be liable for damages.
Article 4 LIABILITY
Please note that the property information, documents, plans, etc. that we pass on come from the other party (e.g., vendor or landlord). We therefore accept no guarantee or liability concerning the accuracy or completeness of the details. It is therefore the responsibility of our clients to check the property information and details for accuracy and completeness.
In any case of damage caused by slight negligence, von Poll Immobilien GmbH shall be liable only in the event of violation of a contractual duty, fulfilment of which forms the nature of the contract and on which the client can depend, provided that they are limited to foreseeable damage typical of a contract. This applies neither to damage from injury to life, limb or health, nor to cases of mandatory liability, especially not in the event of assumption of a guarantee.
Article 5 CONSUMER INFORMATION ON DISPUTE RESOLUTION
Information on online dispute resolution according to Article 14 para. 1 ODR Regulation: The European Commission provides a platform of online dispute resolution (OS) at http://ec.europa.eu/consumers/odr/. We are not prepared or required to take part in a dispute resolution process. Neither do we take part in the procedure for alternative dispute resolution in consumer affairs according to Article 36 VSBG (German Consumer Dispute Participation Act)
Article 6 PLACE OF JURISDICTION/APPLICABLE LAW
If our client is a businessman within the meaning of the HGB (German Commercial Code), a legal person under public law or a special fund under public law, the sole place of jurisdiction is Frankfurt am Main. German law shall apply. This choice of applicable law applies to consumers only to the extent that the protection granted by mandatory provisions of the EU state in which the consumer has his habitual residence, or of Switzerland, has not been removed.
Article 7 SEVERABILITY CLAUSE
If individual provisions of this contract are or become fully or partially ineffective, the effectiveness of the remaining provisions shall not be affected.