General Terms and Conditions of Business with User Information
Section 1 Scope of application
(1) The following Terms and Conditions of Business (hereinafter "GTCBs") of Immome Real Estate Services GmbH with registered office in Berlin (hereinafter "Immome") apply to all legal relationships which a consumer or entrepreneur (hereinafter "user") enters into with Immome via the Internet platform www.immome.com
. The inclusion of the user's own terms and conditions is hereby rejected unless otherwise agreed.
(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes which cannot be predominantly attributed to either his commercial or independent professional activities. An entrepreneur within the meaning of the following provisions is a natural person or legal entity or partnership with legal capacity who or which, when concluding a legal transaction, acts in the exercise of his or its commercial or independent professional activities.
Section 2 Services provided by Immome
Immome operates a portal for the automated collection and collation of real estate sales enquiries via the internet platform www.immome.com
. For this purpose, the user is given the opportunity to send his own properly arranged contents via the Immome platform. Data is not passed on to third parties unless the user expressly consents.
Section 3 Registration by the user
(1) The use of certain Immome services requires the registration of the user on the website www.immome.com
. Registration is only permitted for adults of full legal capacity.
(2) When registering, the user must provide his e-mail address as well as a password. This access data must be kept secret by the user and may not be passed on to third parties. Should third parties obtain the user's access data, the user must immediately report this to Immome and change his password.
Section 4 Use of the Internet platform
(1) The transmission of the offer data via the Internet platform Immome does not constitute a binding offer by the user. Rather, it is an invitatio ad offerendum (invitation to treat).
(2) The user undertakes to submit only serious real estate offers, to compile the information transmitted to Immome about the offer with care and truthfully and to notify Immome immediately of any changes.
(3) The user himself is responsible for the information and contents transmitted by him. In particular, he is responsible for ensuring that the contents are not illegal and do not infringe any rights of third parties (e.g. copyright or trademark rights)
Section 5 Liability
(1) Unless otherwise stated in these GTCBs, including in the following provisions, the parties shall be liable to one another in accordance with the statutory provisions.
(2) Immome shall be liable for damages in the event of deliberate intent or gross negligence, irrespective of the legal basis. In the case of ordinary negligence, Immome shall only be liable for damage resulting from injury to life, limb or health and for damage resulting from the breach of a fundamental contractual duty (duty, the proper fulfilment of which makes the proper execution of the contract possible in the first place and on compliance with which the user regularly relies and is entitled to rely); in the latter case, the liability of Immome shall be limited to the reimbursement of the foreseeable, typically occurring damage.
Section 6 Choice of law; Court venue
(1) The law of the Federal Republic of Germany shall apply.
(2) The exclusive court venue for all disputes in connection with services provided by Immome shall be Berlin where the user acts as a businessman, a legal entity established under public law or a special body of assets established under public law with registered office in the territory of the Federal Republic of Germany. The same applies where the user has his or its registered office outside the territory of the Federal Republic of Germany if the contract or claims arising from the contract can be attributed to the professional or commercial activities of the user. In the above cases, however, Immome shall in any case be entitled to bring proceedings at the competent court where the user has his or its registered office.
Section 7 Information on online dispute resolution
(1) The European Commission provides a platform for the out-of-court resolution of disputes arising from online purchase contracts or contracts for services in which a consumer is involved, retrievable under: http://ec.europa.eu/consumers/odr
(2) Immome is neither obliged nor prepared to participate in any dispute resolution proceedings before a consumer conciliation board.