Terms and Conditions

GENERAL TERMS AND CONDITIONS (T&Cs) OF AZURY LIVING GMBH

The following General Terms and Conditions (T&Cs) shall constitute the basis for all contracts that Azury Living GmbH concludes with its customers and interested parties and are therefore an integral part of the contract. Should any deviating agreements be made in individual cases, they must be made in writing to be valid.

1. OFFERS

Our verification and brokerage activities are based on the information and data that the principal, or any other person authorised to disclose information, has provided to us. We cannot accept any liability for the completeness or correctness of the information provided. Our offers are therefore non-binding and subject to change without notice. Errors and interim use are explicitly reserved.

2. DISTRIBUTION OF INFORMATION AND DOCUMENTS

Our offers and the information associated with them are intended solely for the principal or the prospective buyer or tenant as recipient. They must be treated with confidentiality and not be made accessible to third parties unless Azury Living GmbH has given its explicit written consent to the dissemination of such information. Should the principal or interested party disclose the offer and/or associated information to third parties and should this third party conclude a main contract on the basis thereof, which would require commission in accordance with the provisions of these terms and conditions, the principal or interested party, as the original contracting party of Azury Living GmbH, shall undertake to assume payment of the commission on the basis of these terms and conditions. Any further claim for damages due to unauthorised disclosure of information shall remain explicitly unaffected by this.

3. BROKER CONTRACT

The brokerage contract with Azury Living GmbH, for which commission is payable, is either concluded by means of a written agreement or through the utilisation of the brokerage services. This includes both the guarantee of access to the online portal as well as the handing over or downloading of a property profile incl. the respective conditions, information provided by Azury Living GmbH, the transmission and/or the provision of information or also the execution of a property viewing with commission note.

4. ENTITLEMENT TO COMMISSION

The business activity of Azury Living GmbH is geared towards furnishing verification of the opportunity to conclude and/or mediate contracts. The entitlement to a broker’s commission shall arise if a main contract between the principal/customer (usually the owner/seller) and a third party (usually the interested party/buyer) is concluded through the verification and/or mediation activities of Azury Living GmbH. The entitlement to commission also applies if, instead of the transaction verified or arranged by Azury Living GmbH, a contract for a replacement transaction is concluded that does not differ significantly from the originally intended transaction in its economic outcome. If the conclusion of the notarised sales contract is made without the participation of a representative from Azury Living GmbH, the principal/buyer is obliged to immediately provide Azury Living GmbH with information about the fundamental content of the main contract required to calculate the commission. The principal/buyer must also provide the broker with a copy of the main contract on request. The entitlement to commission shall remain unaffected in the event of subsequent termination of the contract, e.g. by withdrawal or by a resolutory condition, provided that the reasons for termination are not within the area of responsibility of the broker.

5. COMMISSION RATE

The following commission rates have been agreed between the principal/customer and Azury Living GmbH for our activities: 3,57% incl. VAT (3% plus 19% VAT) of the total purchase price including all associated collateral agreements and replacement transactions.

6. DUE DATE OF THE COMMISSION

The commission claim shall be due upon conclusion of the main contract or equivalent transaction. The commission shall be payable without deduction within 8 days of the invoice being issued. The customer shall be in default without reminder if the payment deadline is exceeded. Azury Living GmbH is entitled to charge default interest in accordance with the statutory provisions. Rights of retention and offsetting against the brokerage claim shall be excluded insofar as the offsettable claim is not disputed or not legally binding.

7. CLAIM FOR DAMAGES

If the interested party is already familiar with the verified property, this must be communicated in writing without delay, i.e. at the latest within 3 days of receipt of the verification/profile. If this does not happen, the customer has to compensate Azury Living GmbH for all expenses that Azury Living GmbH has incurred as a result of the fact that the customer did not report the existing prior knowledge and made use of the services of Azury Living GmbH.

8. VALUE ADDED TAX

Statutory value-added tax is calculated and levied in accordance with the applicable statutory provisions. In the event of any change in the VAT rate, the applicable rate at the time the commission claim becomes due shall apply.

9. DUAL ACTIVITIES

Azury Living GmbH also has the right to act for the other party to the main contract in return for payment, provided there is no conflict of interests.

10. LIMITATIONS OF LIABILITY

The details listed in the respective property offer and profile are based on information and communications from third parties. We shall not assume any liability for the correctness and/or completeness of the contents of this information, as a matter of principle, unless gross negligence or intent can be ascertained when the information is checked. Liability for slight negligence is excluded for other breaches of duty, to the extent that these do not affect essential duties, damages resulting from injury to life, body or health or guarantees or claims under the Product Liability Act. The same also applies to breaches of duty by vicarious agents and legal representatives.

11. PLACE OF FULFILMENT AND JURISDICTION

Saarbrücken has been agreed as the place of fulfilment and place of jurisdiction, to the extent that this is legally permissible.

Version: May 2020