Terms and conditions Pearls of Portugal

 

Terms and conditions Pearls of Portugal

 

 

§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

Address: Rua Vasco Santana Número 159, R / C Senhora da Hora Senhora da Hora 44600 Matosinhos

Tel: 00351-914141539

E-mail address: frederik.pohl@pearlsofportugal.de

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.

 

  

§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 an order confirmation, 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. 10% of the fee is due when commissioning and organizing the visits. The remaining 90% of the brokerage fee will be payable at the signing of the purchase or purchase agreement. The costs for the lawyers or other service providers are paid separately.

 

 

§ 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 info@pearlsofportugal.de.

 

 

 

§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 frederik.pohl@pearlsofportugal.de) 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 these claims for damages. 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 third party providers such as lawyers 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.

 

Pearls of Portugal helps clients to buy properties that want to obtain the golden visa in Portugal. Pearls of Portugal can not guarantee the legal suitability of the properties for the golden visa application. The client has to contrat especialized lawyers to check the respective suitability on their own.

 

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.

 

The suitability of a property for tourist rental (Alojamento Local) has to be examined by the customer or by a lawyer that was contracted by the customer. The provider assumes no guarantees for this.

 

§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 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.