Terms & conditions
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 data of Best Home Plaza:
Website: www.besthomeplaza.com
Email: info@besthomeplaza.com
VAT identification number: NL001828306B11
3. 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.
4. Seller: natural or legal person who wishes to offer an Object for sale through the service of Best Home Plaza. The provisions that apply to the Buyer also apply to the 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 each offer by Best Home Plaza and, whether or not resulting from this, agreements that the parties have entered into with each other, including the accounts created by the Buyer. Insofar as the contents have not been changed and no more specific conditions apply between the parties, these General Terms and Conditions will also apply to future contractual relationships 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, color 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 comes into being at the moment that the Buyer has created an account on the website of Best Home Plaza. These conditions then apply among other things to every contract that the Buyer concludes directly or indirectly through 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 with the execution.
7. Best Home Plaza is explicitly not a party to any contract concluded between the Buyer and the Seller 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 the collection of the purchase price.
4. Account
1. Each account must be provided with current and true details of the account holder, and any data requested must be entered truthfully.
2. It is not permitted to base an account on a fictitious character, to falsely create the impression of representing an entity or to choose a name that contains a [url] or part of a [url].
3. It is not permitted to provide login data to third parties or to use the login data of a third party. Buyer is responsible for all use/actions that are made via the account, with or without Buyer’s permission. Buyer is obliged to report all unauthorised use of the account to Best Home Plaza as soon as possible.
4. 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.
5. The Buyer is not allowed to apply for or manage more than one (1) account. The Purchaser is furthermore not allowed to apply for or manage an account (again) after Best Home Plaza has refused the application for an account or blocked an account after registration.
6. The Buyer can have his account closed if he no longer wishes to use the services of Best Home Plaza.
7. Content placed by the Buyer is not automatically deleted when the Account is closed. The responsibility for the removal or prompt removal lies with the Buyer. If the Buyer does not remove or arrange the removal of the content, Best Home Plaza will have a continual right of use under the same conditions as set out in these general terms of use.
8. Best Home Plaza has the right to cancel an account and remove all posted content if the Buyer has not used its login details for twelve (12) months. In addition, Best Home Plaza has the right to dissolve the account and/or the agreement with the Buyer with immediate effect for the future by means of a written notification without (further) prior notice and without any right to compensation if:
a) The Buyer is granted a moratorium on payments (provisional or otherwise) or the Buyer is declared bankrupt, the Buyer submits a request for the application of a debt rescheduling arrangement or the Buyer is placed under guardianship or administration.
b) At any time it appears that the Buyer has given incorrect information or has misled Best Home Plaza in any other way, for example with regard to the identity and personal characteristics of the Buyer.
c) Buyer violates these or other applicable conditions.
d) If Best Home Plaza doubts the integrity, reliability, quality or proper treatment of the Buyer. The latter will in any case be the case if Best Home Plaza receives a complaint about the Buyer from a Seller.
9. Best Home Plaza is not liable for any costs or damages incurred by the Buyer 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, therefore the Buyer should always first declare Best Home Plaza in default, allowing a reasonable time before proceeding to any remedy.
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 advance payment, violation of legal or contractual rules and conditions, or evidently conflicting 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 Best Home Plaza has the right to charge the Buyer administration costs of € 50 and to set these 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 Purchaser having any right to compensation or reimbursement of (part of) the fee involved.
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 the Purchaser 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 Buyer guarantees that he is authorised to grant this licence.
6. Buyer may not use its account and communications to determine eligibility for any financial product or service.
6. Termination of the Agreement
1. Best Home Plaza is entitled to block access to the account and/or to dissolve the agreement with Buyer 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) Purchaser completely or partially ceases its business operations or otherwise liquidates it and/or substantially changes its business operations or transfers it to a third party without Best Home Plaza’s prior written consent;
b) The Buyer is granted a moratorium on payments (provisional or otherwise) or the Buyer is declared bankrupt, the Buyer submits a request for the application of a debt rescheduling arrangement or the Buyer is placed under guardianship or administration.
c) At any time it appears that the Buyer has provided incorrect information or has misled Best Home Plaza in any other way.
d) Buyer violates these or other applicable conditions.
2. When the agreement is terminated, all payments owed by the Buyer to Best Home Plaza are due immediately and in full. No refund of any positive balances will take place.
7. 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 Buyer 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 it.
3. Best Home Plaza is in no way liable for the content of the account or communication. The Buyer indemnifies Best Home Plaza both judicially and extrajudicially against claims by third parties in connection with the content of the Buyer’s account or communication.
4. Best Home Plaza will not be liable in any way for any damage resulting from the (temporary) unavailability of the account, content or communication.
5. Best Home Plaza is only obliged to adjust the account or communication in the event of shortcomings on its part in fulfilling the contract, without the Buyer being able to claim any compensation in addition.
6. If Best Home Plaza is liable towards the Buyer, this liability will at all times be limited to the amount covered by Best Home Plaza’s professional or company liability insurance.
7. 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.
8. Best Home Plaza is not responsible for statements, actions or behaviour of Buyers, whether or not via www.besthomeplaza.com.
9. Texts on Best Home Plaza by a Buyer do not constitute an irrevocable legal offer/acceptance.
10. 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.
11. 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. The Buyer accepts all risks connected to all contacts with third parties that are made through the website of Best Home Plaza. The Buyer is obliged to verify all published content independently. Best Home Plaza does explicitly retain the right to monitor profiles and communications for the purpose of quality control and compliance with the agreed terms.
12. Art 7:408 of the Civil Code is excluded in the agreement.
8. 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. The Buyer is not allowed to use software to collect and process data from the website of Best Home Plaza.
3. The Buyer is not permitted to send the Seller unsolicited mail or e-mails, or other spam, to make unsolicited phone calls or to contact the Seller in any other way for the purpose of recommending or selling products and/or services.
4. The Buyer warrants that it shall use the website and all related products, services and documentation in compliance with all applicable intellectual property and privacy protection laws and regulations.
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 Buyer acts contrary to this article, Best Home Plaza will forfeit an immediately payable fine 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 the Buyer’s obligation to pay full compensation to Best Home Plaza if the damage or loss amounts to more than the above mentioned penalty.
9. 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 Buyer 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 shall be governed exclusively by Dutch law, with the express 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
