General terms and conditions

The following general terms and conditions regulate any contract between Jaklin Riegelmann & Co GmbH and its customers.
  1. Duty of care of Jaklin Riegelmann & Co GmbH
    Jaklin Riegelmann & Co GmbH will assist the customer in all phases of the purchase and sale of rights of ownership or use. This applies specifically and in particular also to the period that follows the potential signing of a legally-binding preliminary contract and until stipulation of the notarised deed.
  2. Duty of care of the customer
    The customer is required to provide Jaklin Riegelmann & Co GmbH with all information it may require to regulate the execution of the brokerage agreement. In addition, the customer shall also verify that such information is correct and not misleading. Rights of third parties must not be infringed.
  3. Disclosure of pre-existing knowledge
    The customer is required to inform Jaklin Riegelmann & Co GmbH promptly if, when making use of the services of Jaklin Riegelmann & Co GmbH, the customer should already be aware of a possibility of concluding the notarised deed or the willingness of the counterparty to conclude such a notarised deed.
  4. Confidentiality
    The customer is aware that all documents and information, including any property brochures, which may have been provided under the scope of the brokerage agreement by Jaklin Riegelmann & Co GmbH, are legally protected and cannot be disclosed to third parties.
  5. Creation of the commission entitlement of Jaklin Riegelmann & Co GmbH / customer obligation to provide information
    1. The aim of the brokerage agreement is to obtain a legally-binding preliminary contract and/or a notarised deed of a property. The commission entitlement of Jaklin Riegelmann & Co GmbH arises when a preliminary contract has been concluded between the customer and a third party brokered or introduced by Jaklin Riegelmann & Co GmbH. If the customer and the third party brokered or introduced should waive the stipulation of a preliminary contract, the commission entitlement shall arise when the notarised deed is stipulated.
    2. The customer is required to notify Jaklin Riegelmann & Co GmbH of the conclusion of a preliminary contract and to provide the contents of the preliminary contract or notarised deed for the calculation of the commission entitlement. At the request of Jaklin Riegelmann & Co GmbH, the customer is required to provide a simple copy of the preliminary contract or notarised deed.
    3. Where, in accordance with section 13 below (applicable law, court of jurisdiction), Italian law shall apply, the applicability of Art. 1758 of the Italian Civil Code is explicitly excluded.
  6. Dual brokerage
    Jaklin Riegelmann & Co GmbH is entitled to act also for the contractual counterparty of the preliminary contract or notarised deed, provided there is no conflict of interest. Jaklin Riegelmann & Co GmbH shall maintain rigorous impartiality.
  7. Use of data and data protection
    1. The customer agrees that data relating to the contractual relationship will be saved on data storage media under the scope of the execution of the brokerage agreement. In addition, Jaklin Riegelmann & Co GmbH is also entitled to pass this data on to third parties if this is necessary for the proper execution of the brokerage agreement. Jaklin Riegelmann & Co GmbH will comply with the applicable data protection laws when processing personal data. The data protection statement available on the Jaklin Riegelmann & Co GmbH website shall apply.
    2. If Jaklin Riegelmann & Co GmbH processes the data of customers without personal reference (i.e. outside the scope of the applicable data protection laws), the processing purposes for personal data stated in the data protection statement and in these general terms and conditions apply accordingly. The customer expressly agrees that Jaklin Riegelmann & Co GmbH shall process this data for the purposes indicated. This includes, for example, the saving of general property-related data (e.g. description, measurements, location, asking price as well as photos, videos, floor plans) for the purpose of inclusion in an electronic database and its publication in connection with an introduction or brokerage agreement in digital and printed media.
    3. If the processing of the customer's personal data requires specific consent and the customer does not give such consent by other means, the customer declares consent as follows:
  8. Declaration of consent
    1. If personal data processing by Jaklin Riegelmann & Co GmbH requires my consent, I agree that Jaklin Riegelmann & Co GmbH shall process the data supplied by me in the individual case, in order to process the request I have submitted. I can revoke this consent given to Jaklin Riegelmann & Co GmbH at any time with effect for the future.
    2. Under the scope of a commercial relationship with Jaklin Riegelmann & Co GmbH, the situation may arise in which Jaklin Riegelmann & Co GmbH passes on my personal data to persons or enterprises (e.g. notaries, lawyers, auditors, tax consultants, technicians, financial institutions) consulted to this end. In the case of cooperations and search mandates, this data may also be made available to selected agencies or brokers. I agree that such disclosure shall also take place where the persons or enterprises reside in a third country outside the scope of application of the EU-General Data Protection Regulation (GDPR). Risks are related to this, in particular in the sense that the third country may not guarantee a suitable level of data protection and it may not be possible to exercise the rights of the data subject. I am aware of such risks in respect of the protection of my personal data. I can revoke this consent given to Jaklin Riegelmann & Co GmbH at any time with effect for the future.
  9. Liability of Jaklin Riegelmann & Co GmbH
    1. Jaklin Riegelmann & Co GmbH accepts no liability for loss of profit, indirect damages or damages consequent to defects.
    2. Jaklin Riegelmann & Co GmbH assumes no liability for information received from third parties and used for the execution of the brokerage agreement, in particular not for its accuracy, timeliness, completeness and correctness. This also includes information regarding the potential subject of the preliminary contract or the notarised deed which Jaklin Riegelmann & Co GmbH has developed on the basis of the information received.
    3. Jaklin Riegelmann & Co GmbH shall also not be held liable for the accuracy, timeliness, completeness and correctness of information which it has collected for the execution of the brokerage agreement or which has been made available to it by third parties.
    4. Jaklin Riegelmann & Co GmbH shall also not provide any guarantee as to the correctness of the information given, for example, in property brochures prepared by it or of any other information it may disclose to third parties under the scope of the brokerage agreement.
    5. If the liability of Jaklin Riegelmann & Co GmbH has been excluded or limited in accordance with points a), b), c) or d) above, this is not valid for damage caused following serious misconduct or with premeditation by Jaklin Riegelmann & Co GmbH or its legal representatives or assistants and not in cases of injury or damage to health consequent to, at the very least, a culpable violation of duties committed by Jaklin Riegelmann & Co GmbH or its legal representatives or assistants. The above exclusion of liability is also not valid if Jaklin Riegelmann & Co GmbH or its legal representatives or assistants culpably or with premeditation breach an essential contractual obligation or if Jaklin Riegelmann & Co GmbH is liable in accordance with mandatory law.
  10. Revocation right of consumers
    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 this contract. In order to exercise your right of revocation, you must contact us, Jaklin Riegelmann & Co GmbH, Ohmstraße 15, 80802 Munich, Germany, tel. +49 89 41615939-0, fax. +49 89 41615939-9, e-mail: by means of a clear, unambiguous statement (e.g. letter sent by post, fax or e-mail) of your decision to revoke this contract. To this end you can, but are not obliged to, use the attached sample revocation form. 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 should withdraw from this contract, we will be required to return all payments received from you promptly and in any case within fourteen days of receipt of the notice of revocation. Unless specifically agreed otherwise, such a return shall be made using the same means of payment employed for the original transaction. Under no circumstances shall any charges be debited as a result of said return. If you should have asked for services to start before the deadline for revocation passes, you will be required to pay us an adequate amount proportional to the portion of services already provided up until the date on which you inform us of your exercise of the right of revocation from all contracted services.
    Sample revocation form as PDF file
    End of revocation notice.
  11. Duration of the brokerage agreement
    The brokerage agreement is open-ended. It can be terminated by either party with effect from the end of the month, providing fourteen days notice. Termination must be notified in writing. In addition, the brokerage agreement shall in any case end with the stipulation of the notarised deed.
  12. Money laundering checks
    The customer is informed that Jaklin Riegelmann & Co GmbH is bound, in accordance with anti money laundering laws, to identify its customers. If a brokerage agreement is stipulated between the customer and Jaklin Riegelmann & Co GmbH, the customer therefore undertakes to provide all the necessary information and documentation for anti money laundering checks.
  13. Applicable law, court of jurisdiction
    1. As far as the introduction or brokerage for the purposes of a preliminary contract or notarised deed regarding a property situated outside the territory of the Italian Republic is concerned, the following provisions shall apply:
      1. Only the law of the Federal Republic of Germany shall apply, to the exclusion of any provisions on conflict of law.
      2. The place of fulfilment of all obligations and claims deriving from the contract shall be Munich, Germany. If both contracting parties are enterprises in accordance with § 14 BGB (German Civil Code), it is agreed that the court with exclusive jurisdiction shall be that of Munich, Germany.
    2. As far as the introduction or brokerage for the purposes of a preliminary contract or notarised deed regarding a property situated within the territory of the Italian Republic is concerned, the following provisions shall apply:
      1. Only the law of the Italian Republic shall apply, to the exclusion of any provisions on conflict of law.
      2. The place of fulfilment of all obligations and claims deriving from the contract shall be Lana (BZ), Italy. It is agreed that the Court of Bolzano shall have exclusive jurisdiction. This is without prejudice to the provisions of the Consumer Code (Legislative Decree no. 206 of 6.9.2005).
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