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1. Subject of the contract
RCS Immobilien & Service GmbH operates the website www.rcs-immobilien.com, which can be accessed via various domains and partner sites, a portal all about real estate where private providers can present their real estate offers or searches. The subject of the contract are the product versions ordered by the customer according to the offer from RCS-Immobilien & Service GmbH or confirmed by RCS-Immobilien & Service GmbH GmbH after the customer has ordered.
2. Services provided by RCS - Immobilien & Service GmbH
The customer can commission an online property valuation via the website "www.rcs-immobilien.com". The evaluation is carried out automatically on the basis of the information provided by the customer and is therefore not subject to any further control. This applies, for example, to the inspection of the assessed property, the assessment of the building fabric and the identification of any serious defects. RCS-Immobilien & Service GmbH is therefore not liable for the correctness of the calculated property value.
3. Customer Rights
The customer receives a simple, non-transferrable, unlimited right to use the data obtained. A transfer and commercial use of the data is expressly excluded or requires the prior consent of RCS Immobilien & Service GmbH in individual cases. The individual information obtained via the property valuation may only be used in the private sector for private use, in the case of commercial providers only in connection with their respective property offer. Any transfer of information from the online property valuation to third parties, whether paid or not, is prohibited without the prior consent of RCS Immobilien & Service GmbH.
4. Liability
RCS - Immobilien & Service GmbH is liable for any damage for itself and its vicarious agents - regardless of the legal reason including tort - only if RCS - Immobilien & Service GmbH or its vicarious agents are culpable of a contractual obligation (cardinal obligation) in one of the breached the purpose of the contract or the damage is due to gross negligence or intent on the part of RCS Immobilien & Service GmbH or its vicarious agents. If the culpable breach of a contractual obligation (cardinal obligation) does not occur in a grossly negligent or intentional manner, the liability of RCS - Immobilien & Service GmbH is limited to such typical damage that was reasonably foreseeable for RCS Immobilien & Service GmbH when the contract was concluded . This limitation of liability also applies to the extent of damage. In the aforementioned cases, liability for financial loss is limited to €2,500.00. The above limitations of liability do not apply in the absence of guaranteed properties and liability of RCS - Immobilien & Service GmbH under the Product Liability Act.
5. Billing
Invoicing, if the customer calls up or expressly orders services that are subject to payment, is exclusively in electronic form. The remuneration for the service provided by RCS Immobilien & Service GmbH is due in advance for immediate payment upon invoicing.
6. Privacy
RCS - Immobilien & Service GmbH is bound by its data protection declaration published on the website www.rcs-immobilien.com.
7. Right of Withdrawal
You can revoke your contract declaration within two weeks in text form (e.g. letter, fax, e-mail) without giving reasons. The period begins after receipt of this instruction in writing, but not before the conclusion of the contract. Sending the cancellation in good time is sufficient to meet the cancellation deadline.
The revocation must be sent to: RCS - Immobilien & Service GmbH, In den Birken 3, 54576 Hillesheim
Email: rcs.immobilienservice@gmail.com.
Consequences of revocation: In the event of an effective revocation, the mutually received services must be returned and any benefits (e.g. benefits of use) surrendered.
If you are an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB) and are acting in the exercise of your commercial or self-employed activity when concluding the contract, there is no right of withdrawal.
8. Miscellaneous Provisions
RCS - Immobilien & Service GmbH reserves the right to change these general terms and conditions at any time and without stating reasons. The changed conditions will be sent to the customer by e-mail at least 2 weeks before they come into effect. If the customer does not object to the validity of the new terms and conditions within 2 weeks after receipt of the e-mail, the changed general terms and conditions are deemed to have been accepted.
Agreements between RCS - Immobilien & Service GmbH and the customer that deviate from these General Terms and Conditions after the conclusion of the contract are only effective if they are confirmed by RCS - Immobilien & Service GmbH in text form (e.g. e-mail) or in writing. This also applies to the waiver of the requirement for text or written form.
The text form is sufficient for declarations (e.g. cancellations) and notifications (e.g. notifications) to us. A personally signed declaration is not required. The text form can be maintained, for example, by e-mail, fax or a letter created by machine.
RCS - Immobilien & Service GmbH does not participate in dispute settlement procedures before a consumer arbitration board.
The contract will not be saved.
If the customer is a merchant within the meaning of § 38 ZPO, Daun is the place of jurisdiction.
Otherwise, the statutory provisions apply.
Status: January 01, 2022