General terms and conditions

The following general terms and conditions form the basis for all agreements concluded between Jaklin Riegelmann & Co GmbH and its customers and are contractually binding unless different agreements have explicitly been made.

  1. Conclusion of the agency agreement
  2. The agency agreement between Jaklin Riegelmann & Co GmbH and the customer is concluded through a suitable written agreement or by the use of the agency services of Jaklin Riegelmann & Co GmbH in knowledge of the obligation to pay a commission.

  3. Duty of care of Jaklin Riegelmann & Co GmbH
  4. Jaklin Riegelmann & Co GmbH will provide its agency services with standard commercial care.

  5. Duty of care of the customer
  6. The customer is required to provide Jaklin Riegelmann & Co GmbH with all information which Jaklin Riegelmann & Co GmbH needs for the proper performance of the agency agreement. The customer is also required to ensure that this information is correct and not misleading; rights of third parties must not be infringed.

  7. Disclosure of previous knowledge
  8. The customer is required to notify Jaklin Riegelmann & Co GmbH without delay if at the time of the conclusion of the agency agreement he already has knowledge of the opportunity to conclude the purchase contract, including the willingness of the other party to conclude this purchase contract. The same applies if the customer receives this knowledge from a third party during the term of the agency agreement. If the customer breaches his obligation to disclose his previous knowledge and Jaklin Riegelmann & Co GmbH thereby sustains a loss, the customer will be required to compensate this loss.

  9. Confidentiality
    1. The customer is aware that all documents and information received from Jaklin Riegelmann & Co GmbH in connection with the agency agreement, including any property brochures, are legally protected. The transfer of such documents and/or information to third parties is not permitted without the prior written consent of Jaklin Riegelmann & Co GmbH.
      If the customer breaches his above obligation and Jaklin Riegelmann & Co GmbH thereby sustains a loss, the customer will be required to compensate this loss.
    2. If the unauthorised transmission of the documents and/or information leads to the conclusion of a purchase contract with the third party, the claim for damages of Jaklin Riegelmann & Co GmbH includes the commission payment which would have been payable if Jaklin Riegelmann & Co GmbH had introduced or brokered this purchase contract with the third party in accordance with the provisions of this agreement. By exception this will not apply if the purchase contract concluded is not essentially commercially equivalent to the purchase contract envisaged between Jaklin Riegelmann & Co GmbH and the customer.

  10. Creation of the commission entitlement of Jaklin Riegelmann & Co GmbH / Information duty of the customer
    1. The commission entitlement of Jaklin Riegelmann & Co GmbH is created when a purchase contract has been concluded between the customer and a third party brokered or introduced by Jaklin Riegelmann & Co GmbH.
      The commission entitlement of Jaklin Riegelmann & Co GmbH arises irrespective of whether a condition precedent agreed in the purchase contract has been met or a resolving condition has not been met. The same applies if a right of withdrawal agreed in the purchase contract has been exercised by one of the parties to the purchase contract, or the purchase contract has been retrospectively cancelled for other reasons, unless Jaklin Riegelmann & Co GmbH is responsible for this withdrawal.
    2. The customer is required immediately to notify Jaklin Riegelmann & Co GmbH of the conclusion of the purchase contract and provide information on the essential content of the purchase contract for the calculation of the commission claim, if Jaklin Riegelmann & Co GmbH has not been present at the signing of the purchase contract by the party accepting the purchase contract. On the first request of Jaklin Riegelmann & Co GmbH, the customer is also required to give Jaklin Riegelmann & Co GmbH a simple copy of the purchase contract.

  11. Reciprocal agency
  12. Jaklin Riegelmann & Co GmbH is also entitled to act for the other party to the purchase contract for a charge or free of charge, provided there is no conflict of interest. Jaklin Riegelmann & Co GmbH will maintain strict impartiality.

  13. Storage and transmission of data
    1. The customer agrees that data relating to the contractual relationship will be stored on data storage media in the context of the processing of an agency agreement. In addition, Jaklin Riegelmann & Co GmbH is entitled to pass such data on to third parties, insofar as this is necessary for the proper performance of the agency agreement. Jaklin Riegelmann & Co GmbH will comply with the provisions of the Federal Data Protection Act when processing data.
    2. Personal data (name, address, e-mail address and telephone number) are collected in order to process the customer's request. When evaluating and including a property or a company in the portfolio, the following personal, company or property-related data will also be collected or compiled by Jaklin Riegelmann & Co GmbH: 1) for natural persons: personal tax number (for Italian properties), photos/films of the property, floor plans, file extracts, former purchase contracts and, if applicable, maiden name; 2) in the case of legal persons or partnerships: company name, legal form, address of the registered office or the main branch, names of authorised representatives, photos/films of the property, ground plans, file extracts as well as balance sheets and profit and loss accounts. In addition, for both parties in the case of purchase or sale: 1) for natural persons: personal tax number (for Italian properties), copy of passport/identity card, family status, matrimonial property and, if applicable, maiden name; 2) in the case of legal persons or partnerships: extract from the commercial or cooperative register, copy of passport/identity card of authorised representatives. These personal, company or property-related data will be evaluated using the latest electronic data processing and stored in an encrypted form. Jaklin Riegelmann & Co GmbH uses technical security measures to protect the managed data against loss, destruction and access by unauthorised persons. The security measures will be continuously improved in line with technological progress.
    3. The personal, company or property-related data will be stored in a data management system operated and managed by Jaklin Riegelmann & Co GmbH. The use of this data is initially restricted to the purpose of communication and, in the context of an introduction or agency agreement, to the issue of offers and property and company valuations. Unless otherwise agreed, general property-related data (description, dimensions, location, asking price and photos/films) will be published in connection with an agency agreement in electronic and print media. In the case of pre-purchase and purchase contracts, the personal, company or property-related data for the contracting parties can be viewed in the documents, as well as by the persons, institutions and companies involved (e.g. notaries, lawyers, auditors, tax consultants, construction technicians and financial institutions), for the relevant area of competence, and used for accounting purposes. In addition, Jaklin Riegelmann & Co GmbH is required to keep an archive of all transactions in accordance with applicable money laundering legislation.

  14. Liability of Jaklin Riegelmann & Co GmbH
    1. The liability of Jaklin Riegelmann & Co GmbH for loss of profit, indirect damages or defect consequences is excluded.
    2. Jaklin Riegelmann & Co GmbH assumes no liability whatsoever for information received from third parties and used for the processing of this agency agreement, in particular not for its accuracy, timeliness, completeness and correctness. This also includes the information developed by Jaklin Riegelmann & Co GmbH on the basis of the information received regarding the potential subject of the purchase contract.
    3. Jaklin Riegelmann & Co GmbH is also not liable for the accuracy, timeliness, completeness and correctness of information that it has collected for the performance of this agency agreement or which has been made available to it by third parties.
    4. Jaklin Riegelmann & Co GmbH assumes no liability for the correctness of the information in property brochures prepared by Jaklin Riegelmann & Co GmbH or for other information which is transmitted by Jaklin Riegelmann & Co GmbH to third parties within the context of this agency agreement.
    5. Insofar as the liability of Jaklin Riegelmann & Co GmbH has been excluded or restricted in the above lit. a) to d) or in other provisions of this agency agreement, this does not apply to gross negligence or deliberate damage caused by Jaklin Riegelmann & Co GmbH or its legal representatives or vicarious agents in the event of injury to life, body or health, which are based on a negligent breach of duty by Jaklin Riegelmann & Co GmbH, its legal representatives or vicarious agents. The above exclusion of liability also does not apply if Jaklin Riegelmann & Co GmbH, its legal representatives or vicarious agents have violated a cardinal obligation deliberately or negligently or if Jaklin Riegelmann & Co GmbH is liable according to mandatory law.

  15. Revocation right of consumers within the meaning of § 13 BGB (German Civil Code)
    1. You have the right to revoke this contract within a period of fourteen days without giving reasons.
      The revocation period will be fourteen days from the date of conclusion of the contract. In order to exercise your right of revocation, you must contact us, Jaklin Riegelmann & Co GmbH, Ohmstraße 15, 80802 Munich, fax: +49 89 41615939-9, e-mail: with a clear statement (e.g. a letter sent by mail, fax or e-mail) of your decision to revoke this contract. You can use the enclosed sample revocation form, but this is not required.
      In order to meet the revocation deadline, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.
    2. If you revoke this contract, we will be required to repay all payments made by you without delay and at the latest within fourteen days from the date on which the notification of your revocation of this contract has been received by us. For such repayment, we will use the same means of payment that you used in the original transaction, unless we have expressly agreed otherwise with you; in no case will you be charged fees for this repayment. If you have requested that the services be commenced during the revocation period, you will pay us a reasonable amount equal to the proportion of the services already provided by us before the exercise of the right of revocation with respect to this contract relative to the total scope of the services stipulated in the contract.
    Sample revocation form as PDF file
    End of revocation notice.

  16. Term of the agency agreement
  17. The agency agreement runs indefinitely. It may be terminated by either party with a period of notice of fourteen days to the end of the month. The termination must be in writing. The agency agreement also ends with the conclusion of the purchase contract.

  18. Final provisions
    1. If a provision of the agency agreement is void or contestable or for any other reason invalid, the remainder of the contract will remain valid. In such a case, the contracting parties undertake, instead of the void, contestable or invalid provision, to agree on a provision which is as close as possible to its meaning and which ensures an equivalent commercial outcome.
    2. The law of the Federal Republic of Germany will exclusively apply to this agency agreement, to the exclusion of any provisions on conflict of law. Therefore, in the event that, due to different etymology or meaning of legal terms, a different meaning may be assigned to the original with respect to this translation, the original German version shall prevail in regulating any legal matter arising from these general terms and conditions.
    3. The place of performance for all obligations and claims resulting from the contractual relationship is Munich, Germany. The legal venue is agreed to be Munich, provided that both contracting parties are businesses within the meaning of § 14 BGB (German Civil Code).
    4. Changes and additions to the agency agreement must be made in writing. This also applies to the cancellation of the written form requirement.
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