Terms and conditions (as of Mai 3rd 2018)
§1 Contract partner
On the basis of these terms and conditions a contract is realised between the customer and
Pearls of Portugal LDA
Represented by Frederik Pohl
Av. Liberdade 145, Hab 8.3
E-mail address: firstname.lastname@example.org
Commercial Register: Matosinhos
Broker register number: AMI 14801
Sales tax identification number: 514819960
, hereinafter referred to as provider.
§2 Subject of the contract
This agreement governs the sale of real estate brokerage services through the provider's online portal and staff. For details of the respective offer, reference is made to the product description of the offer page.
The subject of the contract is the assistence of real estate purchases or rental offers or the mediation of a contract for a property in Portugal, for which the provider obtains information from the owner or another authorized person and makes them available to the customer or third parties.
The documentation of potential properties in the form of emails or digital documents are intended only for the customers personally use and may not be forwarded to third parties. If the customer wants to forward the documentation and its summaries to third parties, the consent of Pearls of Portugal is needed. This consent must be obtained by email. Access to password-protected areas may not be disclosed to third parties. If the customer forwards the documents and offers provided by the supplier without the consent of the provider to third parties, a contractual penalty of EUR 4990 plus VAT will be paid by the customer to the provider.
The assumption of costs for service providers such as architects or lawyers, insofar as this has been agreed in writing with the customer, takes place exclusively for those who have been directly commissioned by Pearls of Portugal. The costs for notaries or lawyers who e.g. ordered by banks, third parties or by the customer himself have to be paid by the customer.
Visits are limited to 3 days per month and in a maximum of 2 adjacent "concelhos". If more than 3 days are scheduled for visits, the customer pays EUR 200 per additional day. The amount will be deducted from the agreed final payment. If the customer would like to view real estate in more than 2 adjacent "concelhos", EUR 200 per day will also be charged for visits to the additional "concelhos (s)" or the non adjacent "Concelho" (the smaller number of days). The amount will be deducted from the agreed final payment.
At least 4 objects per day must be scheduled for the accompaniment of a Pearls of Portugal employee during the viewings.
§3 Conclusion of contract
The contract is concluded in electronic commerce via the online form or via other means of distance communication such as telephone and e-mail. The presented offers represent a non-binding invitation to submit an offer through the customer request, which the provider can then accept. The contracting process for concluding the contract includes the following steps:
- Submission of the request form by the customer
- Confirmation mail by the provider that the request is confirmed
By sending a confirmation email, the contract is concluded.
§4 Contract period
The contract deals with recurring services. The contract has a term of 12 months, subject to termination. Each contracting party has the right to terminate the contract with one month's notice to the end of the month without giving reasons. The right to extraordinary termination for cause, in particular the repeated breach of contractual obligations remains unaffected. Termination is only effective if it takes place in the following form: electronic / e-mail.
If a customer terminates the contract prematurely before the end of the 12 months, the payment obligation for the already submitted purchase and rental offers for the remainder of the original term remains if the customer during this time signs a preliminary contract, purchase contract or rental contract for the submitted real estate offers
§ 5 Prices
All prices are net prices and do not include VAT. The costs for the lawyers or other service providers are paid separately by the customer if not specified differently in the service description.
Payment option: Customers that pay 50% of their package price upfront within 2 weeks after signing the contract receive a discount of 15% on the net price. Therefore, the customer only pays when the purchase is completed a final amount of 35% of the package price. If the contract ends without a purchase or if the contract is terminated prematurely by the customer without a purchase, the prepayment will not be refunded. If the contract is terminated by Pearls of Portugal without the customer having made a purchase, the prepayment will be refunded.
§ 6 Terms of payment
The customer has only the following options for payment: Invoice. Further payment methods will not be offered and will be rejected.
The prices for the services are due at the signing of a preliminary contract, lease or notarial purchase.
The invoice amount is to be transferred in advance to the account specified there after receipt of the invoice, which contains all information for the transfer and is sent with the delivery. The customer is obliged within 7 days after receiving the invoice to deposit or transfer the amount shown on the account indicated on the invoice. Payment is due without deductions from the date of invoice. The customer comes only after reminder in default.
§ 7 Contract design
The customer has no possibility to directly access the stored contract text himself. The customer can correct errors in the input during the ordering process. For this he can proceed as follows: Notification by email to email@example.com.
§8 Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day the order is confirmed by the provider.
To exercise your right of revocation, you must contact us (Pearls of Portugal LDA, Frederik Pohl, Rua Vasco Santana Número 159, R / C Senhora da Hora 44600 Matosinhos 00351-914141539 firstname.lastname@example.org) by means of a clear statement (eg a with the letter sent by post, fax, or email) about your decision to withdraw from this contract. In order to maintain the cancellation period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period. If you object to the contract, all information regarding real estate that the customer has already received from Pearls of Portugal, must be deleted by the customer immediately and may not be disclosed to third parties.
§9 Exclusion of liability
Claims for damages of the customer are excluded unless otherwise stated for the following reasons. This also applies to the representative and vicarious agents of the provider, if the customer raises claims for damages against them. The provider points out that for the correctness of the content of the transmitted data of the real estate he can not be held liable or responsible as they are provided by third parties. The provider commissions and contracts third party providers such as lawyers, architects or "solicitadors" within the scope of its services. For the services of lawyers or "solicitadors" the provider is not liable. Excluded are claims for damages after grossly negligent or intentional breach of duty by the provider.
With the purchase of a property, the simultaneous purchase of furniture, websites, companies and licenses can be included in the purchase contractor promissory contract (CPCV). The customer is solely responsible for checking the legality and appropriateness of these purchases. The same applies to the purchase of property in tourist facilities (Propriedades plural). The customer is solely responsible for checking the legality and appropriateness of the investment and service contracts of the Propriedades Plural.
The market assessment of the selling prices via the tool idealista has no legal quality, but is only for the estimation of the selling price in question.
§10 Assignment and pledging ban
Claims or rights of the customer against the provider may not be assigned or pledged without his consent, unless the customer has demonstrated a legitimate interest in the assignment or pledging.
§11 Language, Jurisdiction and Applicable Law
The contract is written in German, Portuguese or English. The further implementation of the contractual relationship takes place in German, Portuguese or English. It exclusively applies the law of Portugal. For consumers, this applies only insofar as this does not restrict any statutory provisions of the state in which the customer has his domicile or habitual residence. The place of jurisdiction for disputes with customers who are not a consumer, a legal entity under public law or a special fund under public law is the registered country of the provider.
§12 Code of Conduct
We have submitted to the following Code of Conduct: Corporate Values. The Code of Conduct can be accessed electronically at the following URL: https://www.pearlsofportugal.de/english/about-us/
§13 Severability Clause
The ineffectiveness of any provision of these Terms and Conditions shall not affect the validity of the remaining provisions.