Terms and conditions
Welcome to Myhome-Realestate.nl. The general terms and conditions include a series of articles between the client and the Myhome-Realestate company. From general provisions to specific rules on services, sales, liability and intellectual property, the document provides transparency and mutual understanding. It guarantees the rights and obligations of both parties to achieve solid cooperation.
These general terms and conditions are updated periodically. The last adjustment date can be found at the bottom of the page. We recommend that you consult this page regularly to stay informed of the latest version of our general terms and conditions.
Table of contents
Article 1. Definitions
Article 2. General
Article 3. Identity of entrepreneur
Article 4. Applicability
Article 5. Operation of the sales process
Article 6. Company
Article 7. Conclusion of agreement
Article 8. Force majeure and bankruptcy
Article 9. Payment, costs and collection costs
Article 10. Intellectual property right
Article 11. Terms, notice of default and advance payment
Article 12. Guarantees and unusability of information
Article 13. Liability
Article 14. Suspension, dissolution and right of retention
Article 15. Intellectual property
Article 16. Disputes, shortcomings or complaints
Article 17. Amendment clause
Article 18. Duty of confidentiality
Article 19. Complaints
Article 20. Additional provisions
Article 1. Definitions
The following terms are used in these general terms and conditions:
● User: The person who uses the websites, newsletter and other services offered by Myhome-Realestate VOF, both seller and buyer.
● Registration: Registration of the user on the website by completing a form on the Myhome-Realestate website.
● Bid: Any amount offered by the user on a real estate property.
● Seller: The person whose immovable property is being sold.
● Buyer: The person who buys the real estate.
● Purchase: The agreement whereby the seller undertakes to give an item and the buyer pays a price in money for it.
● Purchase agreement: The agreement between buyer and seller in which the purchase is recorded.
● Purchase price: The amount for which the buyer and seller have concluded a purchase agreement.
● General Terms and Conditions: These general terms and conditions. The client’s own general terms and conditions have no effect unless they have been accepted by the parties.
● Management: The administrative/financial and/or technical management as indicated in the management agreement or service order.
● Management fee: The consideration for management work owed by the client to Myhome-Realestate.
● BW: Civil Code.
● Third parties: Parties that are not directly involved in the agreement.
● Owner: The rightful owner of the object, also referred to as the client in this agreement.
● Electronic Means: Any form of electronic data exchange with another, including transmission by e-mail, postal mail, or any other electronic method of communication.
● Object: The object or objects as described in the service order or management agreement, including objects subsequently added by the client.
● Contractor: The (legal) person who has been instructed to provide services for mediation or management, including his legal successors under general or special title.
● Client: The (legal) person who has given an order for mediation or management, including his legal successors under general or special title.
● Agreement: The assignment for services as agreed between the parties.
● In writing: Communication by e-mail, post, or any other form of communication that can be equated with this in view of the state of the art and prevailing social views.
● Website: www.myhome-realestate.nl.
Article 2. General
2.1 Nullity or Destruction
If one or more provisions in these General Terms and Conditions are wholly or partially null and void or annulled at any time, the remainder of these General Terms and Conditions will remain fully applicable. The Contractor and the Client will then enter into consultations in order to agree on new provisions to replace the void or annulled provisions, whereby the purpose and scope of the original provision(s) will be taken into account as much as possible.
2.2 Explanation of Provisions
If there is uncertainty regarding the interpretation of one or more provisions of these general terms and conditions, the explanation must be made ‘in the spirit’ of these General Terms and Conditions.
2.3 Non-Regulated Situations
If a situation arises between the parties that is not regulated in these General Terms and Conditions, this situation must be assessed in accordance with the spirit of these General Terms and Conditions.
2.4 Non-Strict Compliance
If the Contractor does not always require strict compliance with these General Terms and Conditions, this does not mean that the provisions thereof do not apply, or that the Contractor would to any extent lose the right to demand strict compliance with the provisions of these General Terms and Conditions in other cases.
Article 3. Identity of entrepreneur
Company name: Myhome-Realestate
Chamber of Commerce number: 92540988
Phone number: 06-29815759
Location: Nijmegen
Website: www.myhome-realestate.nl
E-mail: Info@myhome-realestate.nl
Article 4. Applicability
4.1 Applicability of the Terms
These conditions apply to all offers, agreements and legal acts between Myhome-Realestate (contractor) and Clients.
4.2 Availability of General Terms and Conditions
Before an agreement is concluded, the text of these General Terms and Conditions will be made available to the Client. If this is not reasonably possible, Myhome-Realestate will indicate how the conditions can be viewed and will send the General Terms and Conditions free of charge at the request of the Client.
4.3 Applicability of Specific Terms and Conditions
If specific product or service conditions apply in addition to these General Terms and Conditions, the Contractor can always rely on the provision most favorable to him in the event of conflicting conditions.
4.4 Exclusion of Other Terms and Conditions
These conditions apply exclusively to all agreements between Myhome-Realestate and the Client. Any general terms and conditions of the Client are not applicable and are expressly rejected by Myhome-Realestate.
4.5 Acknowledgment and Awareness of the Terms
By registering, the client confirms that he agrees to the applicability of these rules and conditions and that he is aware of the content of the privacy statement.
Article 5. Operation of the sales process
5.1 Registration and Registration
Users must register via an official registration form on our website. A valid email address is required, and users must be of legal age. After registration, Myhome-Realestate will contact you to discuss the mediation conditions before a suitable buyer is proposed.
5.2 Bid Placement and Communication with Seller
Buyers can make an offer on a property via Myhome-Realestate. Myhome-Realestate will then contact the seller and submit the offer for consideration.
5.3 Conditional and Unconditional Bids
Any offer from a natural person, not acting in the exercise of a profession or business, is conditional and revocable. The final purchase agreement is only concluded upon written, legally valid signature by both the seller and the buyer. Bids from legal entities or persons acting in the exercise of a profession or business are unconditional and without reservation.
5.4 Communication and Purchase Agreement
Once a potential buyer has been found, Myhome-Realestate will quickly communicate this, and the seller will be notified immediately. A purchase agreement is drawn up as soon as possible in consultation with the buyer and the seller.
5.5 Seller’s Discretion and Exclusivity
The seller reserves the right to reject bids without stating reasons. In addition, the seller may decide not to proceed with the sale, stating reasons. Offering the property via Myhome-Realestate means that the seller may not sell or offer the property in any other way.
5.6 Role of Myhome-Realestate
Myhome-Realestate is not a party to the final purchase agreement, but only acts as an intermediary in concluding the purchase agreement on behalf of the buyer.
Article 6. Company
The preparation and implementation of the sale, annual property management and major maintenance are the responsibility of the Myhome-Realestate company. Myhome-Realestate has the authority to ignore a bid/quote, exclude one or more users from the sale, correct errors in bids and/or allocations, subdivide or outsource major maintenance without the user being able to use make these mistakes and/or derive rights from them. In addition, Myhome-Realestate reserves the right to take other necessary measures at its sole discretion.
Article 7. Conclusion of agreement
7.1 Offer and Acceptance
The agreement or assignment is concluded by offer and acceptance, as referred to in Article 6:217 of the Dutch Civil Code. The agreement or order will not be concluded until it has been signed or written confirmation from Myhome-Realestate.
7.2 Binding Verbal Agreements
Verbal agreements only bind Myhome-Realestate after they have been confirmed in writing by Myhome-Realestate, or as soon as Myhome-Realestate has started the implementation actions with the consent of the Client.
7.3 Electronic Agreements
If the agreement is concluded electronically, Myhome-Realestate will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. Myhome-Realestate will also take appropriate security measures regarding payment via electronic means.
Article 8. Force majeure and bankruptcy
8.1 Bankruptcy of the Other Party
If the Client is declared bankrupt, has a suspension of payments or is placed under guardianship, Myhome-Realestate is entitled to terminate the agreement in whole or in part, without any obligation to pay compensation. This authority applies without prejudice to the other rights of Myhome-Realestate, without the need for notice of default or judicial intervention. In addition, all claims are immediately due and payable.
8.2 Powerlessness and Force Majeure
Myhome-Realestate recognizes that unforeseen circumstances may occur outside the company’s control. In cases where Myhome-Realestate is hindered by circumstances that cannot be attributed to it and for which it is not responsible, as determined by law, legal act, or generally accepted views, Myhome-Realestate is not obliged to fulfill any obligation towards the user. In addition, Myhome-Realestate is not obliged to compensate any form of damage.
8.3 Definition of Force Majeure
Force majeure means, in addition to what is included in law and case law, all external causes, foreseen or unforeseen, over which Myhome-Realestate has no influence. This also includes strikes in Myhome-Realestate’s company or third parties.
8.4 Right to Suspension and Termination
During the period that the force majeure continues, Myhome-Realestate has the right to suspend the obligations under the agreement. If this period lasts longer than two months, both parties retain the right to terminate the agreement, without obligation to compensate the other party for damages. Myhome-Realestate strives for a balanced and transparent handling of force majeure situations, with respect for all parties involved.
Article 9. Payment, costs and collection costs
9.1 Payment and Invoicing
Payment must be made within 30 days after concluding the agreement, as indicated by Myhome-Realestate at all times in the currency euros.
9.2 Default for Late Payment and interest
If the user fails to pay an invoice on time, default will occur by operation of law. The user then owes interest of 1% per month, unless the statutory interest is higher. This interest is calculated from the moment of default until full payment of the amount due.
9.3 Allocation of Payments
Myhome-Realestate has the right to allocate payments by the user to costs, outstanding interest, principal sum and current interest. An offer of payment can be refused by Myhome-Realestate, without being in default, if the user indicates a different order for the allocation. Full repayment of the principal sum may also be refused if the outstanding interest and collection costs are not also paid.
9.4 Settlement and Objections
The user has no right to offset amounts owed to Myhome-Realestate. Objections to the amount of an invoice do not suspend the payment obligation. A private client has no right to suspend payment of an invoice for any other reason, unless section 6.5.3 (Articles 231 to 247, Book 6 of the Dutch Civil Code) can be invoked.
9.5 Collection costs in the event of Default
In the event of failure to comply (on time) with obligations, all reasonable costs incurred to obtain payment out of court will be borne by the user. For a private client, default occurs after he has been reminded to pay within fourteen days after the day of the reminder. The extrajudicial costs are calculated based on usual practices in Dutch debt collection practice. However, if Myhome-Realestate has incurred higher costs for collection that were reasonably necessary, these actual costs are eligible for reimbursement. Legal and enforcement costs will also be recovered from the user. The user also owes interest on the collection costs owed.
9.6 Payment and Transfer of Ownership
The purchase price, consisting of the amount of the highest (assigned) bid plus the reimbursement of the sales costs incurred by the seller, as well as any movable property, taxes and costs, must be paid into the notary’s escrow account before the transfer of ownership.
9.7 Payment obligation
If the client instructs the contractor to buy or sell an investment property, the client agrees that he will not be involved either directly or through an intermediary in the purchase or sale of the proposed investment properties. In the event that the client nevertheless carries out such transactions, he is obliged to pay the contractor the full standard advice rate, as determined at a certain percentage of the purchase or sale amount.
Article 10. Intellectual property law
Myhome-Realestate emphasizes that the information and other intellectual property provided by Myhome-Realestate may not be shared with third parties, nor may it be resold. Furthermore, it is strictly prohibited to use this information as a means of payment.
These provisions are designed to ensure the integrity and exclusivity of the information and intellectual property provided, and to ensure that its use remains strictly within the terms and conditions of Myhome-Realestate. Failure to comply with these provisions may lead to legal consequences.
Article 11. Terms, notice of default and advance payment
11.1 Term as Non-Fatal
Specified deadlines for the execution of work or delivery of documents and/or services by Myhome-Realestate are not considered strict deadlines, unless explicitly agreed otherwise in writing between the parties involved.
11.2 Notice of default
In the event that Myhome-Realestate does not fulfill its obligations under the agreement, or does not comply on time, Myhome-Realestate must be given written notice of default by the client.
11.3 Advance Payment or Security
Myhome-Realestate reserves the right to require advance payment or security with regard to the fulfillment of the client’s financial obligations before starting or continuing the work to be carried out.
Article 12. Warranties and unusability of information
12.1 No Warranties Regarding Information Provided
The information provided by Myhome-Realestate does not provide any guarantees regarding usability, value or any other property to the user.
12.2 Unusability of Information and Automatic Renewal
If the user considers the information provided by Myhome-Realestate to be unusable, this must be stated in writing. In that case, the automatic renewal of the agreement will be stopped.
Article 13. Liability
13.1 Ownership and Liability
The Client remains the contracting party as owner, despite the fact that Myhome-Realestate acts in the name and on behalf of the Client. Myhome-Realestate is not liable for actions on behalf of the Client insofar as they fall within the agreed tasks or actions that are reasonably connected to these tasks.
13.2 Exclusion of Liability
Myhome-Realestate is not liable for damage that cannot be attributed to it on the basis of Article 6:98 of the Dutch Civil Code.
13.3 Liability in the Execution of Work
Myhome-Realestate is liable for damage that occurs during the execution of the work for the management, which is caused by Myhome-Realestate itself or third parties for whom Myhome-Realestate is responsible, unless Myhome-Realestate can demonstrate that the damage is not is due to intent, fault or negligence on his part or those for whom Myhome-Realestate is responsible. In the situation referred to in the previous sentence, the Client will indemnify Myhome-Realestate against claims from third parties for compensation. Third parties also include tenants with whom Myhome-Realestate has concluded rental contracts.
13.4 Non-Liability for Incorrect and/or Incomplete Data and Documents
Myhome-Realestate is not liable for damage of any kind if Myhome-Realestate has based the execution of the work assigned to it on the basis of incorrect and/or incomplete information and/or documents provided by the Client, unless on the part of Myhome-Realestate there is intent or deliberate recklessness.
13.5 Administrative Errors
In the event of administrative errors or defects on the part of Myhome-Realestate, Myhome-Realestate is obliged and entitled to the Client to take care of their repair immediately after discovery and at its own expense. If the Client suffers damage as a result and that damage is less than € 250.00 per case, the Client will not be entitled to compensation, except in the case of intent or deliberate recklessness.
13.6 Acting According to the Law
Myhome-Realestate must act according to the law at all times. If the Client charges (basic) rental prices and/or advances for service costs to the tenant higher than is permitted by law and the Client comes into conflict with the tenant about this, Myhome-Realestate must represent the interests of the tenant and request the Client to pay the rent and/or advance service costs to be adjusted in accordance with legislation.
13.7 Non-Liability for Failure to Perform Obligations
Myhome-Realestate can never be held liable for failure to comply, or incorrectly, with the (legal) obligations of the Client as Client to his or her tenant(s).
13.8 Non-Liability in the Event of Force Majeure
Myhome-Realestate can never be held liable for the inability to perform the obligations arising from the agreement, in the event of force majeure.
13.9 Non-Liability for Failure to Perform Management Tasks
Myhome-Realestate is not liable for failure to perform management tasks that fall under the good management of the manager, if the Client has expressly not included these tasks in the Management Agreement.
13.10 Non-Liability indirect damage
Myhome-Realestate is never liable for indirect damage, for example, but not limited to, damage to third parties, loss suffered, lost profit, economic loss and damage due to delays.
Article 14. Suspension, dissolution and right of retention
14.1 Suspension and Dissolution
If the Client is in default due to late payment or otherwise fails to fulfill its obligations under the present agreement, Myhome-Realestate is, without prejudice to its rights under the law, and subject to the obligations under the other articles of this agreement, authorized to carry out the execution of to suspend orders or to dissolve the agreement in whole or in part.
14.2 Right of retention
If the Client is in default due to late payment or otherwise fails to fulfill its obligations under the present agreement, Myhome-Realestate is, without prejudice to its rights under the law, and subject to the obligations under the other articles of this agreement, entitled to rely on to suspend the right of retention and thus compliance with its obligation to perform work.
14.3 No Liability in the Event of Suspension, Right of Retention, or Dissolution
In the event of suspension of its performance, exercise of the right of retention, or dissolution of this agreement on the basis of this article, Myhome-Realestate is in no way liable for any damage.
14.4 Suspension in case of vacancy
The Contractor is, in addition to its legal right to suspend, authorized to suspend the execution of the Assignment if and as soon as the immovable property that is the subject of the agreement is no longer in use and/or is vacant.
14.5 Indemnification and Adequate Remedies
The user indemnifies Myhome-Realestate against any claims from third parties who suffer damage in connection with the execution of the agreement and the cause of which is attributable to parties other than Myhome-Realestate. If Myhome-Realestate is held liable by third parties for this reason, the user is obliged to assist Myhome-Realestate both in and out of court and to immediately do everything that may be expected of him in that case. If the user fails to take adequate measures, Myhome-Realestate is entitled to do so itself, without notice of default. All costs and damage incurred by Myhome-Realestate and third parties as a result are entirely at the expense and risk of the user.
If the situation referred to in paragraph 1 occurs, Myhome-Realestate will first give private users 14 days to pay the costs.
Article 15. Intellectual property
Myhome-Realestate reserves the rights and powers that accrue to it under the Copyright Act and other intellectual laws and regulations. Myhome-Realestate has the right to use the knowledge acquired through the execution of an agreement for other purposes, provided that no strictly confidential information of the user is disclosed to third parties.
Article 16. Disputes, shortcomings or complaints
16.1 Remedy of Default
If one of the parties has failed to fulfill its obligations towards the other, the other party must in any case give him, in writing and/or electronically, the opportunity to remedy the shortcoming within a reasonable period and/or limit damage. and/or to eliminate damage.
16.2 Default and Compensation
If compliance is not complied with within the period referred to in paragraph 1 of this article, the summoned party is in default and this party is obliged to compensate the damage suffered by the other party as a result.
16.3 Complaints procedure
Complaints about the work performed by Myhome-Realestate must be reported by the Client in writing and/or electronically to Myhome-Realestate within a reasonable time after discovery. In any case, a period of thirty days is timely. If the Client does not do this within this reasonable time, the Client will no longer have the right to claim (repair) work and/or damage from Myhome-Realestate. Myhome-Realestate makes every effort to respond substantively within fifteen working days of receiving the complaint. Submitting a complaint does not release the Client from his payment obligation.
16.4 Submitting Complaints
Complaints must be submitted in writing by email or post.
16.5 Applicable Law
Agreements between Myhome-Realestate and the Client to which these General Terms and Conditions apply are exclusively governed by Dutch law.
16.6 Disputes and Competent Judge
Disputes between the Client and Myhome-Realestate regarding the conclusion or execution of agreements relating to services to be delivered or delivered by Myhome-Realestate can be submitted by both the Client and Myhome-Realestate to the competent court.
16.7 Jurisdiction
Myhome-Realestate is entitled, insofar as the law does not prohibit this under mandatory law, to bring a case before the competent court in the place where Myhome-Realestate is located.
Article 17. Change clause
17.1 Authorization to amend
Myhome-Realestate reserves the right to change the general terms and conditions unilaterally and without the user’s consent.
17.2 Applicability of the latest version
The most recently published version always applies, or the version that applied at the time the legal relationship with Myhome-Realestate was established.
17.3 Entry into force of changes
Changes to these terms and conditions will only take effect after they have been published in an appropriate manner. In the event of applicable changes during the term of an offer, the provision most favorable to Myhome-Realestate will prevail.
Article 18. Confidentiality obligation
18.1 Confidentiality Obligation
The parties undertake to each other to maintain confidentiality towards third parties of everything that becomes known to the parties with regard to the company and/or business operations of the other party, except for information that is accessible to everyone and in the situations mentioned below.
18.2 Extensive confidentiality
The obligation of confidentiality also extends to information contained in reports, drawings, designs, documents and other data sources that the parties make available to each other in the context of the agreement.
18.3 Limitation of provision
The parties will only process and/or use the relevant information in the context of the execution of the agreement and will not provide it to third parties, other than when this is necessary for the work to be carried out under the agreement and/or a party is forced to do so pursuant to a court decision or disclosure is based on a legal obligation.
18.4 Imposition on third parties
Parties are also obliged to impose the provisions of this paragraph on third parties, which they engage in the implementation of the provisions of the agreement. Third parties also include companies belonging to the group to which a party belongs.
18.5 Fine for violation by the Client
The Client is prohibited from passing on information that he receives from Myhome-Realestate in connection with the assignment without prior permission. If the Client acts in violation of confidentiality, the Client may be fined €5,000 per violation.
Article 19. Complaints
19.1 Complaint reporting
Complaints regarding the work performed and/or the invoice amount must be made known to the Contractor in writing within 30 days after the date of dispatch, date of execution or date of issue of the documents, services or products about which the Client is complaining, failing which the The Client retains the right to still submit this complaint.
19.2 Payment obligation
Complaints as referred to in the first paragraph do not suspend the Client’s payment obligation.
19.3 Settlement
In the event of a justified complaint, the Client has the choice between adjusting the fee charged, improving or re-performing the rejected work free of charge or not carrying out the Assignment in whole or in part (anymore) against a refund in proportion to the amount incurred by the Client. Client has already paid a fee. The contractor. must take into account the reasonable interests of the Contractor in its choice.
Article 20. Additional provisions
20.1 Legitimate Clientship
The Client declares that it is justified in being the Client of the living space and has permission from its mortgage provider, VVE, housing association, to rent or manage the living space.
20.2 Information to Insurer
The Client furthermore declares that it has informed its contents or building insurer about the rental of the living space.
20.3 Responsibility for Inspection of Living Space
During the rental agreement, the Client is responsible for regularly checking the living space, unless the parties have explicitly agreed otherwise.
20.4 Energy label obligation
The Client is obliged to make a copy of the energy label available when renting to a new tenant.
20.5 Transfer of Rights and Obligations
Neither party is permitted to transfer (part of) its rights and/or obligations under the agreement to another party without the prior written consent of the other party.
20.6 Explanation of Provisions
When interpreting the provisions in the agreement, as well as the general terms and conditions, in the event of ambiguity or disagreement, this provision will not be invoked against the party who wrote or is deemed to have written the provision in question, solely due to the fact that the party has been/is deemed to have been the main party.
The following Google terms apply:
– https://policies.google.com/terms
Change date
02-08-2024
