Status: April 2023
a) The website www.propwise.de is operated by DUISBERG Asset Management UG (haftungsbeschränkt) Bernauer Str. 80, 13355 Berlin (hereinafter "DUISBERG Asset Management"). With this website we want to inform landlords, sellers, property managers and real estate funds (hereinafter "customers") and as well as tenants and buyers (hereinafter "interested parties") of our website about our services.
Please read these terms carefully before using the DUISBERG Asset Management website and services. By using our website or services, you agree to be bound by these terms and conditions.
b) These General Terms and Conditions (hereinafter "GTC") apply to the use of our website and the use of our services.
c) In accordance with the GTC, the client enters into a contractual relationship regarding the marketing of a property with DUISBERG Asset Management. The subject of the contractual relationship can be: i) the preparation of an expert opinion including a living space analysis as well as a property valuation, services along the brokerage process from the preparation of the exposé to the listing of the property in all common property portals, ii) the communication with interested parties, iii) the selection of tenants, iv) the support during negotiations including the organization of a notary appointment and v) the handover of the property to a tenant or purchaser.
a) General DUISBERG Asset Management has freedom of design in the preparation of its services, especially in the preparation of the exposé. DUISBERG Asset Management will include in the exposé the information that is customary and appropriate for the sale or rental of the property. The client can commission DUISBERG Asset Management with a free property valuation. Part of this real estate evaluation is among other things a living space analysis as well as a rough valuation of the real estate in the case of sale or a first rent recommendation in the case of letting.
b) Cost and remuneration structure The preparation of the exposé shall only be subject to a fee if the brokerage is successful as part of the overall service. In the absence of successful mediation, no remuneration shall be due for the preparation of the exposé, unless otherwise agreed in the individual case. The costs of obtaining the information necessary for the preparation of the exposé or other necessary cooperation negotiations shall be borne by the customer. Brokerage orders from commercial clients and for several residential units require an individual agreement, which is made in writing. The commission for rental orders applies per residential unit and only for private persons. The success-based commission for sales orders follows individual agreements between seller and DUISBERG Asset Management or buyer/prospective buyer and DUISBERG Asset Management.
c) Use of Exposé by DUISBERG Asset Management If the cooperation between the client and DUISBERG Asset Management is terminated, DUISBERG Asset Management will destroy or delete the exposé as well as all data, information and materials that DUISBERG Asset Management received from the client or created itself for the creation of the exposé. This does not apply if there are legal obligations to retain data. DUISBERG Asset Management also reserves the right to keep and use materials created by the client in an anonymous form.
d) Inspection of the Property For the purpose of recording, DUISBERG Asset Management will coordinate dates with the client for the inspection of the property (hereinafter referred to as "inspection date"). The client must keep agreed appointments and grant DUISBERG Asset Management access to the property on the inspection date, so that DUISBERG Asset Management can make or carry out the photos and measurements of the property necessary for the preparation of the exposé. Obtaining permission from tenants to take photographs is the responsibility of the seller.
e) Liability for information in the exposé DUISBERG Asset Management assumes no liability for the completeness and accuracy of the information provided in the exposé. The client has to check the exposé carefully and point out any inaccuracies to DUISBERG Asset Management. Furthermore, the photos reflect a condition that existed on the day the photo was taken, which may not necessarily correspond to the condition existing at the time of viewing and handover of the apartment. DUISBERG Asset Management does not assume any liability for the correspondence between the condition depicted in the photos and the conditions arising in the course of the marketing process. The client is responsible for the correctness of the information in the exposé.
a) DUISBERG Asset Management makes the exposé available on selected portals. The customer does not receive any rights to use the contents presented in the exposé. The contents presented include the photos, the floor plan as well as the contents recorded in the recording process and presented in the exposé.
b) The customer does not receive his own rights to use the contents of the exposé. DUISBERG Asset Management is entitled to all rights of use of contents created by DUISBERG Asset Management. This includes in particular the recorded information, the created texts, the floor plan and the photos. In particular, the client is not allowed to reproduce such contents and otherwise make them available himself without the prior written consent of DUISBERG Asset Management. This paragraph does not apply to materials that the client provides to DUISBERG Asset Management for the presentation of the property.
c) The use of the content created by DUISBERG Asset Management by the client is permitted exclusively for individual and non-commercial purposes. Clients are not allowed to use the data obtained through online queries, neither completely, nor partially or in extracts, for the creation of their own database in any medial form and/or for a commercial data utilization or information provision and/or for any other commercial utilization.
d) Activities of customers and interested parties aimed at making the use of our services more difficult are prohibited.
e) Users may not systematically extract and/or reuse parts of our service without our express written consent. In particular, users may not utilise any data mining, robots, or similar data gathering and extraction tools to extract any substantial parts of our service for re-utilisation without DUISBERG Asset Management's express written consent.
f) Linking, integrating or otherwise connecting to our Service is prohibited without the express written consent of DUISBERG Asset Management.
g) The presentation and functional scope of the service may differ depending on the type of access - for example, via Internet page or via cell phone application. The right to use the service and its functions exists only within the scope of the current state of the art.
h) The customer grants DUISBERG Asset Management the right, unlimited in time, geography and content, to use the content, real estate data as well as photos and the valuation, transmitted by the customer to DUISBERG Asset Management, online and offline. This also applies in favor of companies associated with DUISBERG Asset Management. The granting of rights is free of charge.
a) DUISBERG Asset Management does not assume any warranty for the conclusion of a rental or purchase contract.
b) DUISBERG Asset Management does not assume any warranty for technical defects, in particular for the constant and uninterrupted availability of the website or third party portals used by DUISBERG Asset Management. DUISBERG Asset Management is not liable for the error-free reproduction of the contents entered by the user.
c) In case of unavailability of the offer, the user can contact our customer service via contact@propwise.de.
a) The client assures to be authorized to enter into the business relationship as seller or lessor and to dispose of the property in question during the entire business relationship as well as the related marketing of the property. The client will provide DUISBERG Asset Management with all data and documents useful for the marketing process and to transmit them in a coordinated manner for marketing purposes.
b) The client assures DUISBERG Asset Management that there are no third party rights to the information, data and materials provided by the client that restrict the client or DUISBERG Asset Management in their use. DUISBERG Asset Management is indemnified by the customer from all claims of third parties, which arise from a violation of the described rights of third parties.
a) The protection of personal data and the privacy of those affected is taken very seriously by us. In order to ensure the greatest possible protection, it goes without saying that we comply with the applicable data protection regulations.
b) The responsible body and service provider is DUISBERG Asset Management UG (haftungsbeschränkt) Bernauer Str. 80, 13355 Berlin. You can contact the data protection officer of DUISBERG Asset Management at any time with any questions concerning data protection, for example by e-mail to balthasar@propwise.de. You can find further details on the use of your data and the rights to which you are entitled in our data protection information and in the run-up to business relations.
c) We see ourselves as a full-service provider in the field of real estate marketing. With these terms and conditions, we would therefore like to provide you with additional information in advance of the processing of personal data when you enter into a business relationship with us:
For sellers: in order to take advantage of our full service, we provide potential buyers and financing banks with construction files and documents as necessary to increase marketing opportunities. To this end, we work with appropriate contractual agreements, powers of attorney and consent forms. In addition, we work with real estate agents in regions not covered by DUISBERG Asset Management itself. We make these processes transparent for you.
For buyers: We are happy to advise you on (construction) financing through our company, DUISBERG Asset Management UG (haftungsbeschränkt) Bernauer Str. 80, 13355 Berlin. To take advantage of this service, we work with appropriate contractual agreements, powers of attorney and consent forms to find the right financing for you that meets your individual criteria. We make these processes transparent for you.
Right of revocation: You may revoke a granted consent in whole or in part at any time with effect for the future, both vis-à-vis us and vis-à-vis third parties, with the consequence that the processing carried out up to the time of revocation remains lawful. Please note that in the event of a revocation, the service cannot be used or can only be used in part and there may be overlaps between the processing and your revocation. In the event of a revocation, please use our e-mail address contact@propwise.de.
a) In the context of the use of our website and services, we are liable without limitation for damages caused by DUISBERG Asset Management or by our legal representatives, employees or agents intentionally or through gross negligence.
b) In cases of negligent breach of only minor contractual obligations, DUISBERG Asset Management is not liable. Otherwise, DUISBERG Asset Management's liability for negligently caused damage is limited to that which must typically be expected.
c) The above limitations of liability do not apply to damages resulting from injury to life, limb, or health, or to damages based on fraudulent intent.
d) As far as the liability of DUISBERG Asset Management is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
e) The contents of this website and the e-mails are created with the greatest possible care. However, DUISBERG Asset Management does not guarantee the accuracy, completeness and timeliness of the content provided. The use of the retrievable contents is at the user's own risk.
a) All logos, texts, pictures and other data on our website are subject to copyright. The use of our website does not entitle you to further commercial use of this information. Modification, further processing and use in media of any kind is not permitted. Any further commercial use is only possible with the prior written consent of DUISBERG Asset Management.
b) The unauthorized use of our information as well as the logos or trademarks of third parties that are displayed on our website violates our rights or the rights of third parties and is not permitted.
a) The law of the Federal Republic of Germany shall apply to all legal transactions or other legal relationships with us. The UN Convention on Contracts for the International Sale of Goods (CSIG) and any other intergovernmental agreements, even after their adoption into German law, shall not apply. This choice of law includes that the customer with habitual residence in an EU state or Switzerland is not deprived of the protection granted by mandatory provisions of the law of that state.
b) In business transactions with merchants and with legal entities under public law, our place of business is agreed as the place of jurisdiction for all legal disputes concerning these GTC and any individual contracts. In this case, we shall also be entitled, including actions on bills of exchange and checks, to file suit at any other statutory place of jurisdiction. Any exclusive place of jurisdiction shall remain unaffected by the above provision.
Should individual provisions of these General Terms and Conditions of Business not be legally effective in whole or in part, or should they lose their legal effectiveness at a later date, this shall not otherwise affect the validity of the General Terms and Conditions of Business. The invalid provisions shall be replaced by the statutory provisions. The same shall apply insofar as the GTC contain an unforeseen loophole.