General Terms and Conditions of von Poll Immobilien GmbH
Section 1 Scope of Application
These General Terms and Conditions (“GTC”) shall apply to all brokerage agreements concluded between von Poll Immobilien GmbH, Feldbergstraße 35, 60323 Frankfurt am Main (“von Poll Immobilien GmbH” or “we”), and its clients. Clients may be either consumers or entrepreneurs. Wherever the masculine form is used, this is solely for reasons of better readability. All designations apply equally to all genders.
Section 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 von Poll Immobilien GmbH reserves the right to send the commission invoice to its customers exclusively by electronic means, unless the customers request otherwise. 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; Hamburg Commercial Bank AG, IBAN: DE16 2105 0000 1001 4386 27, BIC: HSHNDEHH. Otherwise, the statutory provisions apply.
Section 3 Confidentiality
All information and documents provided by us are intended exclusively for our clients and may only be passed on by them with our prior consent. In the event of any culpable breach by the client, the client shall be liable for damages.
Section 4 Liability
We hereby point out that the property information, documents, plans, etc. forwarded by us originate from the other party (e.g. the seller or lessor). We therefore assume no warranty or liability for the accuracy or completeness of such information.
Accordingly, it is the responsibility of our clients to verify the accuracy and completeness of the property information and details contained therein. In the event of any damage caused by slight negligence, von Poll Immobilien GmbH shall only be liable in the case of a breach of a contractual obligation that is essential to the contract and on the fulfilment of which the client may rely, and such liability shall be limited to damage typical for the contract and foreseeable at the time of conclusion of the contract. This shall not apply to damages arising from injury to life, body or health, nor in cases of mandatory liability, in particular not in the event of the assumption of a guarantee.
Section 5 Consumer Information on Dispute Resolution
We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
Section 6 Place of Jurisdiction / Applicable Law
If our client is also a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction shall be Frankfurt am Main. German law shall apply. In the case of consumers, this choice of law shall apply only insofar as it does not deprive the consumer of the protection granted by mandatory provisions of the law of the EU Member State or Switzerland in which the consumer has his or her habitual residence.
Section 7 Severability Clause
Should any provision of this contract be or become wholly or partially invalid, the validity of the remaining provisions shall remain unaffected thereby.