General Terms & Conditions Sellers
1. Parties
1. Best Home Plaza: Best Home Plaza, registered with the Chamber of Commerce under number 61045772, located in Heel at Rijksweg 15 (6097 NK), user of these general terms and conditions.
2. Further information about Best Home Plaza:
Website: www.besthomeplaza.com
Email: info@besthomeplaza.com
VAT identification number: NL001828306B11
3. Seller: natural or legal person who wishes to offer an Object for sale through the service of Best Home Plaza.
4. Buyer: a natural person not acting in the course of his business or profession or other visitor to the website of Best Home Plaza who is not a Seller.
5. Object: an immovable property abroad, intended for sale.
2. Applicability
1. Best Home Plaza declares these general terms applicable to the use of the website and any offer by Best Home Plaza and any agreements between the parties, whether or not resulting from this. As far as the contents have not been changed and no more specific conditions apply between the parties these general terms will also apply to future contractual relations between the parties.
2. Deviations from these terms and conditions shall only apply insofar as they have been expressly agreed in writing by the parties.
3. General (purchasing) terms and conditions of the Seller and/or Buyer are expressly rejected.
4. Third parties engaged by Best Home Plaza in executing the contract may also invoke these general terms and conditions.
5. If one or more (part(s)) of the provisions of these general terms and conditions are null and void or voided, the other provisions of these general terms and conditions shall remain applicable. The parties will then consult with each other to agree on new rules to replace the void or voided provisions, which will reflect the purpose and intent of the void or voided provisions as closely as possible.
3. Offer and agreement
1. All offers, whether in the form of a quotation or otherwise, are entirely and unconditionally non-binding and revocable, unless Best Home Plaza indicates otherwise in writing.
2. The prices stated on the website or in any other form of an offer are in euros and are subject to taxes, surcharges and other factors.
3. All quotations by or on Best Home Plaza of size, colour and other specifications of the profiles and communication or other goods or services to be delivered are merely indications. A minor deviation from this in the published profiles and communication or the delivered goods or services respectively, does not lead to a failure in the performance of the agreement on the part of Best Home Plaza.
4. Obvious clerical errors and mistakes in the offer are not binding on Best Home Plaza.
5. Best Home Plaza is free to have the order and/or delivery carried out by third parties. Art. 7:404 of the Dutch Civil Code is explicitly excluded from the agreement.
6. A legal relationship governed by these terms and conditions is established at the moment that Seller creates an account on the website of Best Home Plaza. These Terms and Conditions then apply to, among other things, every agreement that the Seller enters into directly or indirectly via this account. Such further agreements come into effect at the moment that both parties have signed a written offer, after Best Home Plaza has confirmed a written acceptance or after Best Home Plaza, or a third party on its behalf, has started the execution.
7. Best Home Plaza is explicitly not a party to any contract concluded between the Seller and the Buyer or third parties. Disputes arising from such an agreement should be settled by the parties themselves. Best Home Plaza does not play any part in this.
8. Best Home Plaza is explicitly not responsible for collecting the purchase price. This responsibility lies with the Seller himself.
4. Account
1. Only the owners of the Object are allowed to create a Seller Account. By creating the account, the Seller declares to own the Object.
2. Each account must include current and truthful contact details of the Seller as well as a description of the Object. Requested data shall be entered truthfully. Seller may therefore not create a fictitious character, represent another entity or create a false impression of the Object.
3. When creating an account, it is not permitted to choose a name that contains a [url] or part of a [url].
4. It is not permitted to provide log-in data to third parties. It is not permitted to use log-in data of third parties to place profiles and communications or to purchase other goods and services offered. Seller is responsible for every use/act that is made via Seller’s account, with or without Seller’s permission. Seller is obliged to report all unauthorised use of Seller’s account to Best Home Plaza as soon as possible.
5. Best Home Plaza reserves the right to refuse an application for an account or to cancel an existing account after registration, for instance in case of violation of these terms or the house rules of Best Home Plaza. Best Home Plaza will in no case be liable for any compensation or damages for refusal or blocking of an account.
6. The Seller is not allowed to apply for or manage more than one (1) account. The Seller may furthermore not apply for or maintain an account (again) after Best Home Plaza has refused a Seller’s application for an account or blocked an account after registration.
7. The Seller can have his account closed if he no longer wishes to use the services of Best Home Plaza.
8. Content posted by the Seller is not automatically deleted when the account is closed. The responsibility for the removal or prompt removal lies with the Seller. If the Seller does not remove or arrange to have removed the content, Best Home Plaza will have a continuous right of use under the same conditions as included in these General Terms of Use.
9. Best Home Plaza has the right to cancel the Seller’s account and to remove all posted content if the Seller has not used his login details for twelve (12) months. In addition, Best Home Plaza has the right to dissolve the account and/or the agreement with the Seller with immediate effect for the future by means of a written notification without (further) prior notice of default and without any right to compensation if:
a) The Seller is granted a moratorium (whether or not provisionally) or the Seller is declared bankrupt, the Seller submits a request for the application of a debt rescheduling scheme or the Seller is placed under guardianship or administration.
b) At any time it appears that the Seller has provided incorrect information or has misled Best Home Plaza in any other way, such as, for example, with regard to the Seller’s identity and personal characteristics.
c) Seller is in breach of these or any other applicable terms.
d) If Best Home Plaza doubts the integrity, reliability, quality or proper treatment of Buyers. The latter in any case occurs if Best Home Plaza receives a complaint about the Seller from a Buyer.
10. Best Home Plaza is not liable for any costs or damages incurred by the Seller in connection with the cancellation of an account for any reason.
5. Display, modification and use of the account, the website and communications
1. Best Home Plaza will put the profile or communication online and make it visible as soon as possible. Stated times are not fatal, so the seller should always first serve Best Home Plaza with a notice of default, allowing a reasonable time to remedy the situation.
2. Best Home Plaza has the right to refuse, suspend or remove certain accounts, content and communication submitted for posting for reasons of its own. Such reasons include but are not limited to content, nature, tenor or form, technical difficulties, refusal of payment in advance, violation of legal or contractual rules and conditions, or obvious conflict with Best Home Plaza’s own reasonable interests. If accounts or communications are deleted because they do not meet the content requirements of these terms and conditions, Best Home Plaza has the right to charge an administration fee of € 50 to Seller and to set this off against any credit balance.
3. Best Home Plaza reserves the right to change the content, form and format of the account and communication or the layout of the website (incl. search options etc.) at any time and at its own discretion without the Seller having any right to compensation or reimbursement of (part of) the fee involved in the account and communication.
4. Best Home Plaza will endeavour to publish the account and communication during the entire agreed publication period. Best Home Plaza does not however guarantee that the account the content and communication will be published uninterrupted, error-free and/or without errors or that the editions/functions will be accessible at all times. Best Home Plaza is entitled, without prior notice, to put the account and the communication (temporarily) out of use and/or to restrict the use of it, if this is necessary in its reasonable opinion, for example in connection with the required maintenance of the website. Any maintenance will as far as possible be carried out during the night between 00.00 – 06.00 hrs.
5. Best Home Plaza may use all accounts and communications and their content for its own publicity purposes. By posting the account and communication Seller automatically grants Best Home Plaza a free, worldwide, irrevocable, sub-licensable and transferable licence to use, reproduce, distribute and publish the account and communication and/or (parts of) its content (and to allow third parties to use and reproduce) for marketing, promotional and/or advertising purposes. The Seller guarantees that he is authorised to grant this licence.
6. Seller may not use its account and communications to determine eligibility of Buyers for any financial product or service.
6. Account contents and communication
1. The account and communications posted by the Seller on besthomeplaza.com must comply with the following conditions:
a) The titles and text of the account and communication may only be drawn up in Dutch or English.
b) The titles and text of the account and communication may only be drawn up in Dutch or English.
c) Only the trade name of the company offering the Object may be used in the title or text of the account and communication. The mention of other trade names is not allowed.
d) The text and images in the account and communication must correspond to the offered Object. It is not allowed to place a description with an account and communication that is not related to the offered Object.
e) The title and text of the account and communication must not be misleading, inaccurate or incorrect.
f) Only the Seller’s website may be included in the account and communication. It is not allowed to mention websites or include links to websites that are wholly or partially filled with links to other advertising websites or to advertisements that are mainly aimed at generating advertising revenue. It is not permitted in the account and communication to advertise or refer to other websites for the mediation or rental of Objects.
g) It is not allowed to include a disclaimer in the account and communication.
h) It is not allowed to post an account and communication for the sole purpose of directly or indirectly promoting a company.
i) The use of discriminatory or offensive texts is not allowed. This includes in any case, but not exclusively, discrimination against races, sex, sexual preferences, skin color and religion.
j) The account and communication may not contain any statements that are contrary to the law, other regulations (including the Dutch Advertising Code), public order or morality. The content may also not infringe the (intellectual property) rights of third parties.
k) Only one Object may be offered in each account and communication.
2. If the Object is sold, the advertisement should be deleted.
3. It is not allowed to offer the same Object in more than one account. It is not allowed to post multiple identical Objects or advertisements for the same Object using more than one account.
4. To check compliance with the agreed terms and conditions and to monitor quality, Best Home Plaza is entitled to monitor communications from accounts.
7. Prices and payment
1. By entering into the agreement, the parties indicate that they consider the prices to be reasonable and fair.
2. Unless otherwise agreed, the Vendor shall have paid the remuneration due in full immediately prior to the commencement of the delivery of the service or product by means of the payment methods offered.
3. If the agreed payment term is exceeded or in any other case Best Home Plaza is entitled to suspend any performance for the duration of the failure. Best Home Plaza will also be immediately entitled to charge the Purchaser default interest of 1% of the principal sum per month as well as an amount for extrajudicial collection costs. The latter costs amount to 15% of the principal sum due with a minimum amount of EUR. 100,- excluding VAT.
4. Without Best Home Plaza’s explicit and written consent, the Seller is not permitted to apply set-off and/or suspension and/or withholding to its payment obligations.
8. Termination of the Agreement
1. Best Home Plaza is entitled to block access to the account and/or to dissolve the agreement with Seller with immediate effect for the future by means of a written notification without (further) prior notice and without any right to compensation if;
a) Seller discontinues or otherwise liquidates all or part of his business operations and/or substantially changes or transfers his business operations to a third party without Best Home Plaza’s prior written consent;
b) The Seller is granted a moratorium on payments (provisional or otherwise) or the Seller is declared bankrupt, the Seller applies for a debt rescheduling arrangement or the Seller is placed under guardianship or administration.
c) At any time it appears that the Seller has given incorrect information or has misled Best Home Plaza in any other way, for instance with respect to the characteristics of the Object.
d) Seller violates these or other applicable terms and conditions.
2. If the agreement is terminated, all payments owed by the Seller to Best Home Plaza are immediately due and payable in full. No refund of any positive balances will take place.
9. Liability
1. Best Home Plaza does not guarantee the quality and quantity of the display of an account or communication on the website or otherwise.
2. The seller is responsible for the content of the account or communication and indemnifies Best Home Plaza – judicially and extrajudicially – against any claims by third parties against her.
3. Seller guarantees that digitally supplied content is safe and contains no viruses or other harmful content that could in any way damage the computer systems, computer programs of Best Home Plaza and/or third parties.
4. Best Home Plaza is in no way liable for the content of the account or communication including photographic and/or other visual material. Seller indemnifies Best Home Plaza both judicially and extrajudicially against claims by third parties in connection with the content of the account or communication of Seller.
5. Best Home Plaza is in no way liable for any damage resulting from the (temporary) unavailability of the account, content or communication.
6. Best Home Plaza is only obliged to adjust the account, content or communication, to prolong the publication or to credit the costs in the event of shortcomings on its part, without the Seller being able to claim any further compensation for damages.
7. Should Best Home Plaza be liable to the Seller, then this liability will at all times be limited to the amount paid out under the professional or company liability insurance taken out by Best Home Plaza or otherwise to the amount of the fee received by Best Home Plaza for the service, increased by 25%.
8. Best Home Plaza’s liability never includes consequential damage and except for intent or gross negligence also does not include property damage, immaterial damage or loss of profit.
9. Best Home Plaza is not responsible for statements, actions or behaviour of Buyers, whether or not via www.besthomeplaza.com.
10. Texts on Best Home Plaza by a Buyer do not constitute an irrevocable legal offer/acceptance.
11. The website of Best Home Plaza contains urls/links to (social media) websites of third parties. These referrals are offered as a facility and do not qualify as a recommendation by Best Home Plaza. Best Home Plaza is in no way liable for the content of the linked websites or for the acts and omissions of these third parties.
12. Best Home Plaza in principle does not apply censorship and is not active in screening the content of its website (accounts or communications, et cetera) posted by third parties. Seller accepts all risks related to all contacts with third parties that come about through the website of Best Home Plaza. Seller is obliged to verify all published content independently. Best Home Plaza does, however, explicitly retain the right to monitor profiles and communications for the purpose of quality control and compliance with the agreed terms.
13. Art 7:408 of the Civil Code is excluded from the agreement.
10. Privacy and Intellectual Property
1. All intellectual property rights on the content of the website, such as designs, images, videos, texts, software, sound files, belong to Best Home Plaza. Third parties may not use or reproduce them commercially without Best Home Plaza’s prior consent.
2. Seller is not allowed to use software to collect and process data from the website of Best Home Plaza.
3. The Seller is not allowed to send unsolicited mail or e-mails, or other spam, to call or contact Buyers in any other way with the aim of recommending or selling products and/or services.
4. The Seller guarantees that it uses the website and all related products, services and documentation in accordance with all applicable laws and regulations concerning intellectual property and privacy protection.
5. All data may be used by Best Home Plaza, after they have been anonymised, for promotional, training and consulting or statistical purposes. All data will be kept anonymous and possibly used after deletion, for whatever reason.
6. If the Seller acts contrary to this article, Best Home Plaza will forfeit a penalty of EUR. 5,000.- per violation and EUR. 500,- for each day or part thereof that this violation continues. The above-mentioned penalty will not affect Seller’s obligation to pay full compensation to Best Home Plaza if the damage or loss amounts to more than the above-mentioned penalty.
11. Forum, choice of law and transfer of rights
1. Best Home Plaza is authorised to transfer its rights and obligations under this agreement to a third party. The seller is only authorised to transfer its rights and obligations to a third party with the written consent of Best Home Plaza.
2. This agreement – and any other agreement entered into by the parties – is governed exclusively by Dutch law, with the explicit exception of the Vienna Sales Convention. Should an obligation arise between the parties in the future other than as a result of a contract, that obligation shall also be governed by Dutch law.
3. The judge in the district of Best Home Plaza’s head office has exclusive competence to take cognisance of a dispute regarding the relationship with Best Home Plaza.
These general terms and conditions have been drawn up by Bleijerveld Juridisch advies
