These General Terms and Conditions apply to all service and other contracts concluded between Stonehedge Real Estate GmbH (user) and consumers or entrepreneurs (customer).
According to § 13 BGB, a consumer is any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to their commercial or independent professional activity.
Pursuant to Section 14 of the German Civil Code (BGB), an entrepreneur is a natural or legal person or a partnership with legal capacity which, when entering into a legal transaction, acts in the exercise of its commercial or independent professional activity.
These GTC shall also apply to future business relationships with entrepreneurs without the need to refer to them again.
If the customer, as an entrepreneur pursuant to Section 14 BGB, uses conflicting or supplementary General Terms and Conditions, their validity is hereby rejected. They shall only become part of the contract if expressly agreed to in writing. This applies in particular to counter-confirmations of the buyer with reference to his terms and conditions of business or purchase.
The General Terms and Conditions valid at the time of conclusion of the contract shall apply. Deviations from these terms and conditions are only effective if the seller confirms them in writing.
Via the online portal www.stonehedge-immobilien.de, the customer is given the opportunity to find out about the user’s existing real estate offerings (e.g. by receiving property exposés) and to contact the user. The user’s offer is subject to change and therefore non-binding. Subject to prior sale and errors excepted.
After registration, the customer is given the opportunity to carry out a personalized property search supported by the user via the user’s customer portal. The customer portal also offers the option of entering data, saving search queries, reserving properties for a fee and obtaining information about other services of the User or third-party services in connection with the purchase, financing or insurance of real estate. Communication between the user and customer takes place via the “personal area” of the customer portal, which the customer uses with password protection.
Registration is only permitted for customers who are of legal age and have full legal capacity. When registering, the customer must provide their e-mail address and a password. The customer must keep the password secret. In the event of data loss, the customer must report this to the user immediately and change the password.
The customer’s registration constitutes an offer to use the “Personal Area” of the customer portal. Acceptance takes place by activating the customer’s access to the customer portal. The Customer shall have no legal claim against the User in this respect. Upon activation, the Customer shall be given the opportunity to use the “Personal Area” of the Customer Portal free of charge and for an unlimited period of time. The User shall be entitled to terminate the Customer’s access to the Customer Portal with a notice period of three months. The right to terminate without notice remains unaffected by this.
If the Customer makes reservations for properties, the User shall act as a messenger on behalf of the Customer and shall pass on the reservation request to the Customer as a service to be paid for separately by the Customer and shall send the Customer the reservation confirmation or reservation rejection of the Customer. Under no circumstances does the customer have a claim against the user for the reservation of an object.
For the services of the user in favor of the customer vis-à-vis the client, the user generally receives a non-performance-related remuneration in the amount of EUR 1,000 incl. VAT. This is also a reservation fee. The services include in particular, but not exclusively, the request for the notarial purchase contract from the notary as well as advice to the architect.
However, if the customer reserves an attic unit, i.e. partial ownership within the condominium community (WEG), which is assigned the right within the WEG to develop this unit for residential purposes, the reservation fee is EUR 5,000 incl. VAT.
If the seller withdraws from a sale, the reservation fee will be refunded. In the event of a subsequent reservation, the reservation fee will be refunded to the subsequent reserving party if the purchase was made by the reserving party on the first rank.
Otherwise, the User shall only be liable for unfulfilled reservation promises in accordance with Clause 7 of the Terms and Conditions.
If an offer is not marked as commission-free, a brokerage fee is due upon conclusion of a purchase contract or upon brokering such a contract.
The brokerage fee is 3.57% of the total cost (purchase price plus any share of costs to the condominium in accordance with the purchase agreement) including statutory VAT. A commission of the same amount is charged to both the buyer and the seller, unless expressly agreed otherwise. Stonehedge Real Estate GmbH is also entitled to act on behalf of the other contractual partner subject to commission.
The brokerage contract with the user is concluded either by written agreement or by using the brokerage services of the user on the basis of the property exposé and its conditions. If the property shown by the user is already known, the customer is requested to inform the user immediately.
The brokerage fee is due upon conclusion of the notarized contract and must be paid by the buyer to the user. The client or customer is obliged to inform the user immediately when and at what purchase price the main contract was concluded.
The user is the owner of the content of the online portal www.stonehedge-immobilien.de and the database. All copyrights, trademark rights and other property rights to the database are the exclusive property of the user.
All information in the customer portal about real estate offers or other services of the User or third parties is provided without guarantee and is based exclusively on information that the User receives from its respective clients or business partners. The user accepts no liability for the completeness, accuracy and currency of this information. The information provided by the user or third parties on the customer portal does not constitute an offer to conclude a contract, but is provided for information purposes only.
The User shall only be liable for technical defects in the electronic provision of information or for the accessibility of the User’s website in accordance with Clause 7 of the Terms and Conditions.
The user shall only be liable in cases in which he or a vicarious agent is guilty of intent or gross negligence. This shall not apply in cases of liability for damages resulting from injury to life, limb or health or under the Product Liability Act or in the event of a breach of material contractual obligations. These are obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the buyer may regularly rely. Except in cases of intent, gross negligence, liability under the Product Liability Act and damages resulting from injury to life, body or health, liability shall be limited to the amount of damages typically foreseeable at the time of conclusion of the contract.
Any contributory negligence on the part of the user must be taken into account in all cases.
The above limitations of liability shall not apply if the user has fraudulently concealed a defect or has assumed a guarantee.
If the buyer is a natural person who concludes a legal transaction for a purpose that cannot be predominantly attributed to his commercial or independent professional activity (consumer, § 13 BGB), he is entitled to a right of withdrawal in accordance with § 312g in conjunction with § 355 BGB if the legal transaction takes place outside the user’s business premises or exclusively via distance selling.
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period for a service contract is fourteen days from the date of conclusion of the contract.
To exercise the right to cancel, you must inform us, Stonehedge Real Estate GmbH, Kurfürstendamm 104, 10711 Berlin, Tel.: 030 – 233 203 980, Fax: 030 – 233 203 989, E-Mail: anfragen@stonehedge.de, of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail).
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.
If you have requested that the service should commence during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided by the time you inform us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.
The seller is obliged to inform consumers of the European online platform for the out-of-court settlement of disputes arising between the buyer and seller, including those arising from online purchase contracts. The European Online Dispute Resolution Platform can be accessed via the following link: http://ec.europa.eu/consumers/odr .
The e-mail address of the user is: anfragen@stonehedge.de
The user points out that he is willing to voluntarily participate in a dispute resolution procedure before a consumer arbitration board in accordance with the Consumer Dispute Resolution Act.
The competent consumer arbitration board is:
Real estate ombudsman of the IVD/VPB
Land acquisition and management
Littenstrasse 10
10179 Berlin
Fax: 030 / 27 57 26 78
E-mail: info@ombudsmann-immobilien.net
Internet: www.ombudsmann-immobilien.net
The competent consumer arbitration board is:
Real estate ombudsman of the IVD/VPB
Land acquisition and management
Littenstrasse 10
10179 Berlin
Fax: 030 / 27 57 26 78
E-mail: info@ombudsmann-immobilien.net
Internet: www.ombudsmann-immobilien.net
In the event of legal disputes with consumers (§ 13 BGB), the user agrees to participate in consumer arbitration proceedings.
The user assumes no liability for the content and external links. The operators of the linked pages are solely responsible for their content. Furthermore, we exclude any liability for links to our site. The user is not liable for any direct or indirect damage caused by the use of this website or reliance on the information contained therein.
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If deKunde acts as an entrepreneur based in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of the user (Berlin).
The statutory provisions apply to consumers.
Should one of the aforementioned provisions in contracts with entrepreneurs be or become invalid, this shall not affect the validity of the remaining provisions. In the case of contracts with entrepreneurs, the invalid provision shall be replaced by a substitute provision which comes as close as possible to the purpose intended by the invalid provision.
Condominiums in the
metropolitan region of Berlin.
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