GENERAL TERMS AND CONDITIONS

("GTCT"):

 

PLEASE NOTE: In all cases of doubt the German version of the GTCT shall prevail which you can find here: Allgemeine Geschäftsbedingungen. This English version is for your convenience only.

 

Please read the following General Terms and Conditions ("GTCT") carefully. By registering on or with this website you agree that the German version of these GTCT shall apply exclusively to the business and/or legal relationship between you and us.

 

 

I. SCOPE OF APPLICATION

 

1. The GTCT shall apply to all real estate, products, goods, and services which are delivered, brought or rendered by us, Golz Property Management GmbH, Executive Officer and representative: Thomas Golz, with the postal address: Ackerstrasse 144, D-40233 Düsseldorf, Germany (hereinafter also referred to as "GPM", "we" or "us" or similar), through this website to you, the customer (hereinafter also referred to as "you" or "your" or similar). The term "product(s)" shall also include real estate, works, and services.

 

2. By ordering products through this website or by registering on this website you agree that the GTCT shall apply exclusively to the business and/or legal relationship between you as our customer and us. We will accept no other terms and conditions by our customers or third persons. Even our silence does not make such other terms and conditions part of our business or legal relationship with you.

 

3 We offer our goods and services only to adult persons, i.e. persons 18 years of age or older.

 

4. Please be aware that there will be no 100% guarantee that this website will constantly be available at all times. However, we will use our best efforts to make this website available to you as far as this is technically possible and reasonably achievable.

 

5. We have the right to reasonably change our services to the customer or to stop offering any services to customers in the future.

 

6. We may reasonably revise and update the GTCT at any time by posting such revised or updated GTCT on or at this Site. Any changes to these GTCT will become effective upon posting such revisions or updates.

 

7. We recommend that you print out and save these GTCT, our Privacy Policy, and our Disclaimer on your computer. Our Privacy Policy and our Disclaimer are part of these GTCT. Please feel free to contact us and ask us any questions concerning these GTCT.

 

 

II. OFFER, COMPLETION OF THE CONTRACT

 

1. If we mention prices on this website or in our written material, or if we describe our services therein, we want to only invite you to make an offer concerning our products (so called invitatio ad offerendum). We may then accept your offer within ten (12) business days either in writing (fax or e-mail is sufficient) or by sending you the ordered product(s). Silence from our side will mean that we did not accept your offer. Once we have accepted your offer, we have reached an agreement with you. Otherwise there is no agreement between you and us.

 

2. We offer our goods and services only to adult persons, i.e. usually persons 18 years of age or older.

 

3. We will only be bound by agreements and/or offers and/or statements by our sales staff if we confirm such agreements and/or offers and/or statements in writing (fax or e-mail is not sufficient).

 

4. You warrant and represent that all the information you have given to us when ordering a product from us is current and accurate and that this information is sufficient for the execution of your product order by us.

 

5. You warrant and represent that you will keep your account data current and accurate and that you will keep your account data, including passwords, a secret. You promise that you will not give your passwords and account data to any third person.

 

 

III. NO RIGHT TO ACT ILLEGALLY

 

You have no right to use this website or its applications for illegal activities, including slander, libel, infringement of intellectual property, etc. Any form of illegal activity will immediately result in your exclusion from this website and using our products and services.

 

 

IV. BASIC RULES

 

You are not allowed to copy or otherwise use without the permission of the owner all documents, exposes, pictures, etc. which are included or seen on this website.

 

 

V. COMMISSION

 

Commission or brokerage we will receive for our products or services can be found in our Commission Schedule.

 

 

VI. WITHDRAWAL INSTRUCTIONS / INFORMATION ON RIGHT OF WITHDRAWAL (applies ONLY to consumers from member states of the EU!)

 

1. Right of withdrawal

 

If you are a consumer, then you have the right to withdraw from the contract without giving any reasons within fourteen days after receipt of the delivery. The Right of Withdrawal is irrespective of warranty. The withdrawal can be effected in written form (e.g. letter, fax, e-mail is sufficient) or by returning the delivered goods, if there are any. For a timely withdrawal the posting of the withdrawal or the goods is sufficient. The withdrawal shall be addressed to:

 

Golz Property Management GmbH

represented by Thomas Golz

Ackerstrasse 144

40233 Düsseldorf

Fax-No.:+49 (0)89 749 49 200

E-mail address: service@g-pm.net

 

2. Consequences of withdrawal

 

In case of a withdrawal each party shall return what they have received in the course of the contract to the other party including any gains such as interests. Insofar as goods have been damaged or got lost and therefore cannot be returned in the same condition as received such party being responsible may be liable for damages unless such damage might have also occurred when testing the goods onsite as, for example, in a shop. Liability for damages can be avoided if you do not start using the goods like an owner and refrain from any activity which could deteriorate the value of the goods to be returned. The consumer shall bear the costs incurred when returning goods up to a gross order value of 40 EUR, if the delivered goods are identical with the ordered goods; we are obliged to bear these if the order value exceeds this amount or if the ordered goods are not identical with the delivered goods. Goods which cannot be sent by post will be collected from you by us.

 

END OF WITHDRAWAL INSTRUCTIONS

 

 

VII. TERMINATION

 

1. Both you and GPM can terminate your membership with us at any time with a notice period of two weeks until the end of the upcoming month. Please send your termination via mail, fax, or e-mail to the following address:

 

Golz Property Management GmbH

represented by Thomas Golz

Ackerstrasse 144

40233 Düsseldorf

Fax-No.: +49 (0)89 749 49 200

E-mail address: service@g-pm.net

 

We recommend that you send your termination with a registered letter to us.

 

2. We may terminate your membership with us right away without a notice period, if you

 

a) violate these GTCT or

b) break the law while using this website or in connection with this website or

c) out of any other fundamental reason.

 

 

VIII. WARRANTIES AND REPRESENTATIONS; INDEMNITY

 

1. If you post, show, include, or otherwise publicly present films, music, pictures, or other intellectual property on our website, you assign to us the non-exclusive right to use this material without limitation, including the use for press releases which refer to your material. Other form of advertising which is not connected with this website will not be done by us without your permission.

 

2. You warrant and represent that you are the current owner of all materials you post, show, include, or otherwise publicly present on this website according to VIII.1.

 

3. You shall indemnify and save harmless GPM, GPM's successors, GPM's licensees, and any representatives thereof, against any and all claims and expenses (including, without limitation, reasonable legal fees and expenses) incurred by any of them by reason of the breach of any warranty, representation, agreement, or certification made or entered into herein or hereunder by you, including without limitation those in Section VIII.2. of these GTCT.

 

4. The provision in VIII.3 does not apply, if the legal infringement was not caused by you

a) negligently or

b) with intent.

 

 

IX. LIMITATION OF LIABILITY

 

1. The liability of GPM is excluded or limited concerning injuries and damage to life, body or health, unless we or our legal or other representatives were acting with intent or negligence concerning the acts or omissions that led to the injuries.

 

2. For all other injuries the liability of GPM is excluded or limited, unless we or our legal or other representatives were acting with intent or gross negligence concerning the acts or omissions that led to the injuries.

 

3. You have the obligation to do everything what is reasonably possible to avoid or limit damages or the amount of damages. If you do not comply with this provision, a court of law may shorten the amount of damages which you may claim against us. See, e.g., § 254 German Civil Code.

 

4. Please also read our Disclaimer which is part of these GTCT.

 

 

X. OFFSETTING; RETENTION RIGHT

 

1. The offsetting of payments is permitted only if the money counterclaims are legally ascertained by a court of law of good jurisdiction or are not in dispute between the parties.

 

2. In addition, the customer is authorised to the exercise of a retention right only if his / her counterclaim is based on the same contractual relationship.

 

 

Xa. APPROVALS, EXPORT, DUTY FEES AND TAXES

 

1. If a government or another authority of your country or any other country requires an approval or license for the purchase, transport or use of the product, it is incumbent upon you to get this approval or license at your own expenses and to prove these approvals and licenses to us, if requested by us. Non-performance of this obligation does not entitle you to hold back or delay any payment of the product to us. You agree to bear all our costs and expenses which result out of any non-performance of this obligation.

 

2. The products may have to comply with certain exportation controlling laws or exportation controlling regulations in the country of delivery or any other countries. It is incumbent upon you to obey these laws and regulations and to do nothing what could offend against them.

 

 

XI. PRIVACY POLICY

 

Our Privacy Policy is available by clicking on the link Privacy Policy. Please read the Privacy Policy Section carefully before using this website.

 

 

XII. GOVERNING LAW, JURISDICTION

 

1. Governing law shall be in all cases with respect to all matters concerning these GTCT the law of the Federal Republic of Germany, excluding all provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

 

2. Place of performance shall be D-40233 Düsseldorf, Germany.

 

3. The courts in D-40233 Düsseldorf, Germany, shall have exclusive jurisdiction in all cases with respect to all matters concerning these GTCT. If such an agreement about this jurisdiction is deemed to be not legally possible by a court of law, the statutory jurisdiction shall prevail.

 

 

XIII. NOTICES TO THE OTHER PARTY

 

1. Notices to the other party can be sent via mail, fax, or e-mail.

2. We have the right to send you mail, fax, or e-mail to the addresses which you have registered with us.

 

 

XIV. SEVERABILITY

 

If any provision of these GTCT shall be held to be invalid or unenforceable for any reason, or any portion thereof, the remaining provisions shall continue to be valid and enforceable to the maximum extent permissible and the remainder of these GTCT will continue to be in full force and effect.

 

 

XV. ENTIRE AGREEMENT, NO WAIVER

 

1. The German version of these GTCT constitute the entire agreement between us and you with respect to your access and use of this website and the content contained in the GTCT, and your membership with this website, and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of the GTCT shall be binding unless in writing and signed by both parties. You acknowledge, represent and warrant that you have read the GTCT and agree to be bound by them as part of and in consideration of using this website and the agreed upon services.

 

2. Failure by either party to enforce any provision of these GTCT will not be deemed a waiver of present or future enforcements of this or any other provision. No waiver of one breach shall constitute a waiver of subsequent breaches of the same or of a different nature.

 

 

XVI. Consumer Rights Information - California Residents Only

 

This Section applies only to California residents. In compliance with Section 1789 of the California Civil Code, please note the following:

 

Name of Service Provider:

 

Golz Property Management GmbH

represented by Thomas Golz

Ackerstrasse 144

40233 Düsseldorf

Fax-No.: +49 (0)89 749 49 200

E-mail address: service@g-pm.net

 

Users may contact this Site at: service@g-pm.net in order to resolve any billing disputes or to receive further information about this Site.

 

 

XVII. Complaints - California Residents Only

 

The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.