TERMS & CONDITIONS

Preamble:
Our general terms and conditions presented here are the basis for all transactions between Accord Estates GmbH and their partners in Germany and abroad. In the event that the contracting party is a businessman in the sense of the German Commercial Code (HGB), these general terms and conditions apply to all future business dealings in equal measure.

§ 1 Our Business Activities
Accord Estates GmbH is engaged in the fields of sales and mediation of real estate as well as residential privatizations. As such, Accord Estates GmbH may enter specific agreements with individual business partners. Regardless of such agreements, these general terms and conditions shall be deemed to inform, amend or supplement such agreements where necessary.

§ 2 Applicable Law
In relation to services provided by Accord Estates GmbH or its affiliates, the provisions of the general terms and conditions shall apply, including § 305 ff, otherwise known as “Allgemeine Geschäftsbedingungen“ (AGB). In relation to building works carried out by or on behalf of Accord Estates GmbH, the provisions of the general terms and conditions for building works shall apply, otherwise known as “Allgemeinen Vertragsbedingungen für die Ausführung von Bauleistungen“ (VOB/B).

§ 3 Limitation of Liability
Accord Estrates GmbH shall not be liable for the accuracy of any advice given in the context of its advisory work, since the majority of facts and figures upon which its advice is based is provided by 3rd parties. The liability shall therefore be limited to grossly negligent advice only.

§ 4 Data Protection Policy
Accord Estates GmbH has a comprehensive data privacy policy. The protection of personal data such as names, addresses, telephone numbers and e-mail addresses is of absolute priority to Accord Estates GmbH. Our websites operate in compliance with the EU general data protection regulation (GDPR) accordingly. Further provisions on the topic are to be taken from the tab “privacy terms“.

§ 5 Anti Money Laundering Provisions (Geldwäschegesetz, GWG)
Accord Estates GmbH, Strausberger Platz 17, D-10243 Berlin has implemented safeguards to combat money laundering, the financing of terrorism and other punishable acts within the meaning of §25h of the German Banking Act (Kreditwesengesetz, KWG). According to the Money Laundering Act (GWG), the Accord Estates GmbH is obliged to verify the identity of persons, whether natural or legal, whenever establishing a business. This also applies to the source of funds from which transactions with Accord Estates GmbH are financed. Since Accord Estates GmbH does not hold direct contact with the purchaser(s) of its apartment units, and since the point of direct contact are always Accord Estates GmbH ´s agents, Accord Estates GmbH requires all of its brokers, without fail and in respect of each and every prospective or actual property transaction, as well as in any event before the date on which the purchase agreement is signed, to:

5.1 authentication of the buyers identity

5.2 retaining a copy of the identity document presented (passport and/or identity card)

5.3 obtaining a written confirmation that the funds are the buyers property, and theirs alone (as opposed to funds of the State or NGO), and that the funds have neither been the product of terrorist activities nor of money laundering

5.4 retaining the original form on which the buyer has confirmed in writing, that the circumstances set out in 5.3 do not apply

§ 6 The Brand Protection
Any property acquired by Accord Estates GmbH, whether in its orginal state, in the process of refurbishment or completely refurbished, constitutes the property of Accord Estates GmbH, both in real terms as well as in terms of image and copyright. Accord Estates GmbH will under no circumstances upload unauthorized content onto their website. Authorized content shall be defined as content that has been generated for or on behalf of, and approved in writing by Christian Vohl as CEO of Accord Estates GmbH. Content shall hereafter be defined as video footage, photos or descriptions of the property of any kind. Accord Estates GmbH reserves the right to monitor the activities on the websites to ensure that no breaches of this clause of the general terms and conditions occur. Any breach of this provision shall be treated as a breach of contract.

§ 7 Severability Clause
In the event that individual provisions of these general terms and conditions are struck out, the remainder of the provisions of these general terms and conditions shall remain unaffected.

§ 8 Applicable Law and Jurisdiction
The place of fulfilment for all obligations arising out of transactions between Accord Estates GmbH and 3rd parties shall be Berlin. The place of jurisdiction for dispute equals the registered office of Accord Estates GmbH, and is therefore Berlin as well.

§9 Alternative Dispute Resolution – VSBG
As a matter of principle, Accord Estates GmbH is committed to alternative dispute resolution, including mediation and arbitration. Pursuant to § 37 of the Verbraucherstreitbeilegungsgesetz (VSBG), Accord Estates GmbH is required by law to indicate, both on its homepage and in its general terms and conditions (AGB), that it is prepared to participate in ADR. Furthermore, and pursuant to § 36 Abs. 1, No. 2 VSGB Accord Estates GmbH hereby names the appropriate ADR provider as: Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, Tel: +49 7851 7957940, Email:  mail@verbraucher-schlichter.de