General terms and conditions
Article 1: DEFINITIONS
In these general terms and conditions, the following definitions apply:
Consumer/Client: the natural or legal person who orders the Broker to provide services.
Broker: HAYMAN Real Estate, based in The Hague.
Assignment: the agreement for the provision of services as described in article 5.
Wage: the fee (commission, fee or hourly rate) that the Client pays for the service, including VAT.
Costs: all other pre-agreed expenses (e.g. advertising costs, measurement report, photography).
In writing: including electronic means of communication (email, digital signature).
Article 2: APPLICABILITY
1. These general terms and conditions apply to all agreements between Client and Broker, unless otherwise agreed in writing prior to the conclusion of an agreement.
2. These general terms and conditions also apply to all pre-contractual situations between Client and Broker, including all legal relationships resulting from the offers made, offers and/or advice made by the Estate Agent.
3. If one or more provisions in these general terms and conditions are null and void or should be annulled, the other provisions remain fully applicable.
Article 3: GENERAL OBLIGATIONS OF THE BROKER
1. The Broker carries out the assignment accepted by him to the best of his knowledge and ability, taking into account the interests of the Client.
2. Unless otherwise agreed, the Broker may have the work necessary for carrying out the assignment carried out by others under his responsibility.
3. The Broker keeps the Client regularly informed of the claims. The Broker must have an adequate level of professional liability insurance
5. The Broker does not act for both parties in the same transaction. If a conflict of interest occurs, the Broker consults directly with the Client and suspends or terminates one of the orders.
6. The Broker has a current Wwft procedure and may suspend the execution of the Assignment until the identification and client investigations have been completed.
Article 4: GENERAL OBLIGATIONS OF THE CLIENT
1. The Client provides the Broker to the best of his knowledge and ability to provide the Broker with the information that the Broker needs for the execution of the assignment and participates in the identification and client surveys to be carried out by the Broker under the WWFT.
2. The Client declares not to make use of third parties who engage in activities that impede the Broker, as long as the Order has been issued exclusively.
3. The Client reports in writing an order to another broker to sell or rent the same property, unless the Client has issued an exclusive order to the Estate Agent.
Article 4A Consumer's cooling-off period
1. If the Client is a consumer, he has a cooling-off period of 14 days after signing the Order.
2. Within this period, the Order can be revoked in writing free of charge.
3. If the Client expressly requests the immediate commencement of the service and subsequently cancels it, he owes the Costs for work already performed.
Article 5: CONCLUSION OF THE ORDER
1. An order is concluded by acceptance of the offer by the Client.
2. The Broker's offer is non-binding and can be revoked by the Broker, even immediately after acceptance by the Client.
3. The Broker confirms an oral order in writing, unless the Client objects to this confirmation.
Article 6: DURATION OF THE ASSIGNMENT
1. An order runs for the period specified in the order confirmation.
2. An assignment for an indefinite period ends by termination. Cancellation must be made in writing, subject to one month's notice.
Article 7: END OF ASSIGNMENT
1. An assignment ends by: ○ fulfillment of the assignment by the Broker;
○ withdrawal of the order by the Client;
○ return of the order by the Broker;
○ dissolution by one of the two parties;
○ death of the Client-Natural Person before the assignment has been completed by the Broker.
2. Upon termination of the order by withdrawal, return or termination, the Broker has the right to compensation for costs incurred as set out in the order confirmation, unless this would lead to an unreasonable result.
3. When fulfilling the assignment as referred to in paragraph 1 (a), the provisions of article 9 apply.
Article 8: FEE/BROKERAGE
1. The Broker's fee is set out in the order confirmation.
2. In the case of a sale or purchase order, the commission is due as soon as the purchase agreement is concluded, even if it is later dissolved by a resolutive condition or otherwise. The commission is also due if the property is sold to someone to whom the Broker has not offered the property.
3. In the case of a rental order, the commission is due as soon as the rental agreement is concluded, even if it is later terminated by a resolutive condition or by other means.
4. If the purchase price is changed before delivery takes place, this does not affect the amount of the commission due.
5. In the event of an exclusive order, the Client also owes the agreed commission if the property is sold/rented out outside the Broker during the term of the assignment.
6. In the case of collegial work (where another broker acts as co-sales agent), this does not affect the amount of the commission due, unless otherwise agreed in writing.
Article 9: COSTS
1. Costs will only be charged if they have been agreed in writing in advance in the Assignment or subsequently confirmed in writing.
2. Unless otherwise agreed, upon termination of the assignment, the Client will reimburse the costs that the Broker has incurred for the Client, insofar as they have not already been charged to the Client under a previous agreement. This does not apply if the assignment is terminated by fulfilling the order.
3. In the event of unforeseen circumstances in the execution of the order, which lead to additional costs, the Broker will inform the Client as soon as possible.
Article 10: PAYMENT
1. The Client pays the Broker within the period specified in the invoice.
2. In the absence of timely payment, the Client is in default and owes statutory interest from the due date of the invoice to the day of payment.
3. In the absence of timely payment, the Broker is entitled to charge extrajudicial collection costs in accordance with the Collection Costs Act.
Article 11: LIABILITY
1. The Broker's liability is limited to the amount that, in the relevant case, is paid out under the Broker's professional liability insurance.
2. If professional liability insurance does not cover, the Broker's liability is limited to the amount of the fee that the Broker has received for his services.
3. The limitation of liability also applies if the Broker is liable for errors by third parties engaged by him or for the malfunctioning of the equipment, software, databases, registers or other matters used in the execution of the order.
4. The Broker is never liable for indirect damage, including consequential damage, lost profit, missed savings and damage due to business interruption.
5. Any legal claim expires two years after the day on which the Client became aware or could reasonably be aware of the damage.
Article 12: DUTY TO COMPLAIN
1. Complaints regarding the services provided by the Broker must be reported in writing by the Client to the Broker within 14 days of discovery.
2. The Client is not entitled to compensation for damage if he has allowed the period referred to in paragraph 1 to expire without submitting the complaint to the Broker in writing.
Article 13: PRIVACY AND DATA PROTECTION
1. The Broker processes the Client's personal data in accordance with the General Data Protection Regulation and other applicable privacy legislation.
2. The Broker uses this information only in the context of the agreed service and for informing the Client about similar services provided by the Broker, unless the Client objects to this.
3. The Broker does not provide personal data to third parties unless this is necessary for the execution of the assignment or on the basis of a legal obligation.
Article 14: INTELLECTUAL PROPERTY RIGHTS
1. All intellectual property rights relating to photos, plans, texts, marketing materials and other materials made for selling or renting the object by the Estate Agent remain the property of the Broker, unless otherwise agreed in writing.
2. The Client is not allowed to use these materials without the Broker's prior written consent for purposes other than those for which they were created as part of the assignment.
Article 15: APPLICABLE LAW AND DISPUTES
1. All orders and agreements between Client and Broker are governed by Dutch law.
2. All disputes arising from the assignment or these general terms and conditions will be submitted to the competent court at the Broker's place of business, unless mandatory law prescribes otherwise.
3. Contrary to the previous paragraph, Client and Broker may opt for another form of dispute resolution, such as mediation or arbitration.
Article 16: AMENDMENT TO THE GENERAL TERMS AND CONDITIONS
1. The Broker can change these terms and conditions. The version that was in force at the time of conclusion of the order always applies.
2. Changes will be announced in writing and will take effect 30 days after this announcement.
3. For Orders that are already in progress, changes only apply after the express written consent of the Client.