Terms and Conditions - Casavo Management S.r.l.
1. General; Scope
- These Terms and Conditions of Casavo Management S.r.l., Via Arcivescovo Calabiana n.6, 20139 Milano (Italy), (“Casavo”, “we”) apply to the contractual agreements between Casavo and the users (sellers of real estate) (also referred to as “customers”, you”) relating to the services provided by Casavo via our website www.casavo.co, and mobile apps, if applicable.
- These Terms and Conditions also apply to the services provided by further companies of the Casavo group, which will be involved in the services provided by Casavo. This particularly includes local subsidiaries of Casavo in the country where the relevant real estate is located. Agreements with these companies, in particular regarding a contract for real estate, will be subject to additional terms and conditions to be agreed between the customer and such further affiliated entities of the Casavo group (“Casavo Group Companies”).
- The application of terms and conditions of the customer is hereby excluded. Different, conflicting or additional terms and conditions of the customer shall only apply, if Casavo has expressly accepted their application in writing.
- Casavo offers its services to businesses (within the meaning of § 14 German Civil Code, BGB), as well as to consumers within the meaning of § 13 German Civil Code (BGB). With regard to consumers, additional provisions as set out hereinafter, may apply.
Casavo provides a straightforward, easy to use process to sell your real estate. Casavo allows you to provide certain information, based on which we will evaluate your real estate and make a non-binding offer to buy your real estate subject to certain conditions in particular inspection and further due diligence.
We also offer the possibility for a free online valuation of your real estate’s value. When a binding agreement for sale is made with our local subsidiary of the Casavo Group of Companies, you select a closing date and move-out date and the proceeds from your sale will be transferred to your account on the agreed date.
- Casavo shall use further entities of its Casavo Group of Companies as may be necessary to provide the services.
- Casavo provides a straightforward, easy to use process to sell your real estate. Casavo allows you to provide certain information, based on which we will evaluate your real estate and make a non-binding offer to buy your real estate subject to certain conditions in particular inspection and further due diligence.
3. Scope of Services; Transaction
- If you are interested in selling your real estate, before entering into any agreements, you can receive a free, non-binding evaluation. Further details can be found here.
All relevant information will then be transferred to one or several of our Casavo Group Companies.
Normally, the information will be provided to an operative company which will connect with you, inspect the real estate, make photographs etc. to prepare for the sale.
In addition, if the sale is to proceed, all relevant information will be transferred to the local Casavo subsidiary which will be the actual contract partner of the sales contract for your real estate. These companies vary according to the location of your real estate. For a current overview of companies relating to your real estate, please click here. If the local Casavo Group Company decides to proceed with the purchase, you will receive a non-binding, preliminary offer, subject to further conditions and subject to due diligence. If you agree to our preliminary offer we will do a free inspection of your real estate and decide on whether renovations shall be made. We reserve to amend our offer following the inspection. If we decide to proceed with the sale/purchase, the parties will need to sign a binding agreement, which usually requires notarisation before a local notary. Only this agreement will be binding. The parties will also agree on a move-out date and further details as required.
- Our services are offered to any natural person with legal capability, as well as legal entities. If a natural person is below the age of legal capability, any of its declarations must be expressly approved by its parents or applicable legal guardian. In the event of a legal entity, any declarations must be made by a person with legal capability to represent such entity.
- You can use our website and mobile app without a need to register. If you want to use certain functions, such as the online valuation of your real estate, we will ask for certain information which you will need to provide to use our services. If you intend to sell your real estate, we will ask for further information to be provided.
- Following your entry of the required information, we will confirm receipt by sending you a respective confirmation to your email address which you have provided. The agreement for the use of our platform is subject to acceptance by Casavo, and your entering of information shall only be deemed an offer to us to agree on the use of our platform. We reserve the right to decline any request and there shall be no right to enter into an agreement with us, or any other Casavo Group Company.
- Any data and other information provided by the customer, in particular regarding the customer and the real estate, must be complete and true. Should any of the information provided change, such as your address or name, your will inform us immediately. In the event of incomplete or false information provided by the customer, Casavo shall have the right, to exclude the customer from using its services and/or terminate in accordance with clause 11 herein.
- The customer shall ensure that the relevant information shall only be used by himself. Any access data and passwords shall be kept in strict confidence, and any misuse of same shall be the responsibility of the customer, unless caused culpably by Casavo. In such event, or in the event of an actual of possible loss or theft of account information, password etc., the customer shall immediately inform Casavo and change any relevant access data, in particularly the password. Subject to clause 10, any liability of Casavo shall be excluded.
- Unless specifically agreed with us, any customer shall only request one offer with regard to one real estate, multiple requests for the same real estate shall be excluded.
5. Cooperation within the Casavo Group
- The use of our platform and our app as well as the online valuation of your real estate is provided for free. Fees become payable only if a binding sale agreement is concluded.
- Our fees will be based on the calculation of our offer price and usually be a percentageof the offer price and be deducted from the payment of the purchase price. Further details on pricing can be found here. Any fees will be agreed in the final agreement.
- Any sale of real estate is subject to additional notarial fees, taxes, levies and other payments to third parties, in accordance with applicable law. You understand that such payments may become due, and you agree to make such payments, in accordance with applicable law.
7. Obligations of Customer; Rights of Use; Rights of Third Parties
- The User shall cooperate as required. In particular, the customer shall provide the necessary data and information in due time and correctly.
- To the extent that the customer provides content to Casavo (such as pictures, texts, information etc., together the “Content”), only the customer shall be responsible for such Content and its correctness. The customer shall grant to Casavo the non-exclusive right to use such Content without limitation as to territory and in all media within the scope and for such time as needed for customer’s use of our services, and for Casavo to provide the services in accordance with this agreement, including the right of reproduction, distribution, exhibition, public perfomance (including the right to make available online), to edit and combine the Content with other content, to analyse and evaluate Content and data (including the right of “text and data mining”, for market research, as well as the right to transfer or sublicense such rights to Casavo Group Companies or other third parties.These rights shall continue even after the term if necessary for purposes of accounting or for purposes of fulfilling statutory storage obligations.
- Casavo shall further have the right to store and use the data provided by or on behalf of the customer (including all data regarding the real estate, raw data, statistical data and metadata etc.), which do not relate to a specific identified or identifiable natural person, without limitations as set out in the scope of Clause 7.2, and without limits as to time, territory and content. Casavo will not (re-)connect such data with a user’s personal data.
- The customer hereby warrants that he is either the owner of all Content or has acquired all relevant rights regarding the Content (for example from photographers) and that the use of the Content by the customer, or Casavo, in accordance with this agreement, shall not violate any applicable laws or rights of third parties. In the event of an infringement, the customer shall indemnify Casavo accordingly.
In using our platform and our services, the customer undertakes and warrants to comply with applicable laws. In particular, the customer
- will not disseminate any illegal, infringing, defamatory, pornographic or obscene, or otherwise inappropriate information, including information relating to violence, terrorism or incitement of hatred in any form;
- will comply with applicable laws, including on intellectual property and taxation;
- will not use the platform and our services to send spam or other illegal advertising.
8. Data Protection
- The customer warrants that all information provided by him hereunder shall be complete and correct. The customer shall be responsible for its system requirements (hardware, software etc.) and its internet access.
Casavo makes no representations and warranties
- that a sale agreement will actually be concluded; the parties understand and agree that any sale is subject to a final binding agreement;
- as regards the content and results of the online valuation. The online valuation of real estate provided is provided with the aim to provide accurate and realistic market prices, but does not claim to be an objective price.
Casavo aims to provide excellent availability, but does not warrant the uninterrupted availability of the service. For technical or other reasons, Casavo may need to limit availability for certain time periods, in particular with regard to capacity, security or integrity of data processing or technical measures. In each event, Casavo will take the legitimate interests of customers into account.
Casavo warrants/shall provide reasonable efforts to obtain a. availability of 95 % per year, without taking into account (a) maintenance windows including daily maintenance windows between 2am and 6am local time as well as planned maintenance normally to be announced not less than two business days in advance and normally not exceeding two hours and six hours per month; (b) times of non-availability due to circumstances outside the reasonable influence of Casavo, including force majeure, and (c) in times of non-availability caused by a customer.
- We shall be liable according to statutory law for damages (i) caused by intent or gross negligence, also by our statutory representatives and vicarious agents (“Erfüllungsgehilfen”), (ii) resulting from an injury to life, body or health, (iii) caused by fraudulent misrepresentation (“arglistig verschwiegene Mängel”).
- With regard to services provided by us without a fee, in addition to Clause 10.1 we shall also be liable pursuant to Secs. §§ 598 et seq. of the German Civil Code.
- With regard to services provided for a fee, for damages to property and financial damages (“Sach- und Vermögensschäden”) caused by slight negligence of us, our statutory representatives or vicarious agents, we shall be liable in the event of a violation of a contractual core duty (“wesentliche Vertragspflicht”), however limited to the amount of the damage which was foreseeable at the time of conclusion of the contract and typical, taking into User Account the nature of the contract (“vorhersehbarer und vertragstypischer Schaden”). Contractual core duties are such duties whose accomplishment enables proper fulfilment of an agreement and whose observance the contracting parties may regularly rely on.
- Any further liability of Casavo shall be excluded.
11. Term; Termination
- The agreement with you is entered into for an unlimited time. Please note that separate agreements concluded with further Casavo Group Companies, in particular for the sale of real estate, have a separate term.
- Either party may terminate this agreement by giving [two weeks] notice which must be given in text form (email sufficient).
- Either party’s right to terminate for cause shall remain unaffected. In particular, Casavo may terminate an agreement with a customer for cause if it has reason to believe that information given was materially incorrect.
The parties shall keep confidential information which has been expressly declared as confidential, or is confidential due to its nature, including business and trade secrets of the respective other party, as confidential (“Confidential Information”), and not make such Confidential Information available to any third party without the prior consent of the respective other party.
13. Intellectual Property
Casavo has developed and owns all rights in and to the platform, website and mobile application via which our services are provided. As between the customer, Casavo and the Casavo Group of Companies, any intellectual property rights with regard to our website and services, including trademarks, trade names, copyrights, software and databases, shall be owned excluisvely by Casavo. Except as expressly stated herein, nothing contained in this agreement shall be construed as conferring on the customer any right, title or interest, in such intellectual property rights, without the express written consent of Casavo. You may not use, copy, reproduce, create derivative works from or otherwise use or exploit the website or services without the express written permission of Casavo.
14. Amendment to these Terms and Conditions
We reserve the right to modify or adapt these Terms and Conditions from time to time including (without limitation) in the event of modifications to our services, technical changes or changes of legal regulations. If you have registered with us and we change these Terms and Conditions, we will inform you of these changes at least 4 weeks in advance via email. If you do not agree with the changes, you may object via email or in writing within 4 weeks from receipt of the notice. If you do not object within that period, you shall be deemed to have approved the amended Terms and Conditions. In our notification, we will inform you about your right to object, the deadline and consequences of inaction. This does not apply to changes that would change the object of our contract with you, or the contractual main duties which would create an imbalance. In such event, we would offer you to continue our agreement with you subject to the amended terms.
15. Applicable law; Venue
- This Agreement and its interpretation are governed by German law without reference to its conflicts of laws and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG) of 11 April 1980. If you are a consumer, this choice of law may however not have the result of depriving you of the protection afforded to you by provisions that cannot be derogated from by agreement by virtue of the law which would (in the absence of choice) would have been applicable on the basis of Article 6 para 1 of the Regulation (EC) 593/2008 on the law applicable to contractual obligations (“Rome I”).
- If you are a merchant, a legal person under public law, or a special asset (“Sondervermögen”) under public law, any dispute between you and us shall be decided by the courts in Berlin, Germany.
- Please note that the European Online Dispute Resolution platform http://ec.europa.eu/consumers/odr/ provides information about alternative dispute resolution which may be of interest. We do not participate in this procedure. Casavo is not obliged to participate in a dispute settlement procedure (“Streitbeilegungsverfahren”) before a consumer dispute settlement body and does not participate in such.
16. Other Provisions
If any provision of this Agreement shall be held invalid or unenforceable, in whole or in part, such provision shall be deemed severable from this Agreement, and the validity and enforceability of all other provisions of this Agreement shall not be affected thereby. You may not assign or transfer this Agreement or your rights hereunder. This Agreement may only be modified as set forth herein. Unless agreed otherwise, any amendment to this agreement shall require written form. You understand and acknowledge that contracts for the sale of real estate require notarized form or such other form as may apply under the local law where the real estate is located.
17. Your Right of Withdrawal
If you are using our services as a consumer within the meaning of § 13 of the German Civil Code, you are entitled to a right of withdrawal in accordance with the following provisions.
Note that this does not apply to the sale of your real estate, which is subject to a separate agreement. Your termination right hereunder remains unaffected.