Terms and Conditions for the publication of advertisements in the publicly accessible section of the Casa United website

§ 1 Scope

The following Terms and Conditions (T&C) govern the legal relationships between CASA UNITED AG and users of the publicly accessible section of the CASA UNITED website with respect to the placement of real estate ads. In addition, the General Terms and Conditions for the use of the CASA UNITED Partner Network for registered advertisers also apply with respect to the placement of real estate ads in areas accessible solely by advertisers and the marketing or referral of properties to other advertisers of the CASA UNITED Partner Network by commercial real estate agents or sellers (hereinafter referred to as “offerors”).

§ 2 Services

  1. CASA UNITED AG, represented by its managing directors (hereinafter referred to as “CASA UNITED”), operates websites under various domain names on which any advertiser of the public can place publicly accessible advertisements promoting residential or commercial properties available for purchase or rent. Login data do not need to be assigned for purposes of placing an ad. New advertisers are registered automatically when they place an ad and complete the relevant web form provided by CASA UNITED in its entirety. All ads are automatically displayed in at least 10 other languages.
  2. The sole purpose of the services provided by CASA UNITED as described is to supply a technical infrastructure for the placement of real estate ads (hereinafter also referred to as “platform” or “CASA UNITED database”). They do not guarantee the uninterrupted, defect-free or identical provision of the CASA UNITED database on all operating systems and user platforms. Instead, they serve only to provide access to this database on computers running standard operating systems and browsers. This access is provided insofar as the CASA UNITED Website does not report any errors or interruptions and/or display notices that it is temporarily unable to store new data or that access to previously stored data is temporarily unavailable. However, CASA UNITED will perform maintenance work outside of regular business hours as permitted by its technical and operational capabilities. CASA UNITED does not subject the ads drafted by advertisers to any kind of editorial review before the ads are made publicly accessible on the website operated by CASA UNITED.

§ 3 Mandatory content for real estate ads

  1. Every real estate ad that is intended to appear in the publicly accessible section of the website operated by CASA UNITED must be submitted by means of the web form provided by CASA UNITED for this purpose. In addition to the offeror’s complete contact information, every ad for the sale or rental of real estate must state the property’s purchase price or rent. If the offer of real estate for sale or rent is directed toward retail consumers in the European Union, the real estate purchase price or rent must be stated in euros, including any other price components (total price), or communicated to prospective purchasers or lessees upon request.
  2. All ads for the sale or lease of commercial real estate submitted by professional agents must state the purchase price or monthly rent plus the agent’s commission and any sales tax (value-added tax) applicable by law.

     

    If the purpose of the ad is to promote a residential property to consumers in the European Union, the purchase price or rent and the agent’s commission plus any sales tax (value-added tax) applicable by law are to be stated in euros.  If the dwelling is not being offered by the owner, the name of the party marketing the property and their designation as such a party must be stated; furthermore, the ad must state whether or not ancillary costs are to be paid separately. If there are ancillary costs to be paid separately for the rental of residential space and the ad is directed toward retail consumers in the European Union, the exact amount of such costs is to be stated in euros.

  3. CASA UNITED has the right at any time to reject applications for ads and/or remove ads with content that is unlawful or that infringes on the rights of third parties as soon as it learns of such content.

§ 4 Advertiser’s duties

  1. The advertiser undertakes 
    1. to describe every property that they list on the CASA UNITED Website carefully, accurately and to the best of their knowledge, and to refrain from making false or misleading statements about the nature of the listing and/or the property's location, size, sales price or rent, year of construction or any other feature; 
    2. to list only those properties in the CASA UNITED Database of which they are the sole owners or for which they have been appointed to serve as an estate agent by the owner or a third party with the owner's approval;
    3. to respond without delay to all inquiries regarding a property no later than seven days after receiving such an inquiry;
    4. to refrain from storing any content in the CASA UNITED Database that is unlawful, fails to comply with laws or regulatory requirements or breaches the rights of third parties;
    5. to mark every property sold or rented as "Sold" or “Rented” in the CASA UNITED Database without delay and no later than one business day after completing the sale or rent, thus ensuring that the CASA UNITED Database is always current and does not convey the misleading impression that the property is still available;
    6. and to refrain from applying “bots” (i.e. computer programs that handle automated tasks, such as web crawlers) to their use of the CASA UNITED Website.

§ 5 Rights of use

  1. The advertiser hereby grants CASA UNITED the nonexclusive right to store any and all data and content contained in the ad that the advertiser uploads to CASA UNITED's servers and to display such data and content on the CASA UNITED Website until these are deleted by the advertiser or the ad has expired. The advertiser undertakes to indemnify CASA UNITED against all third-party claims, including court costs and legal fees, which CASA UNITED incurs as a result of publishing content stored by the advertiser in the CASA UNITED Database on the CASA UNITED Website.
  2. The advertiser is not granted any rights whatsoever to content published on the CASA UNITED Website by other advertisers or by CASA UNITED itself. Furthermore, the advertiser shall have no rights to the browser application made available by CASA UNITED for the term of this contract, with the exception of the right to utilize said browser application for storing and managing real estate ads in the CASA UNITED Database. In particular, any use of the content on the CASA UNITED Website (pictures, videos, text, etc.) for the purpose of advertising the advertiser's own listings and/or the services of another advertiser who has not made the respective content available on the CASA UNITED Website requires the consent of the person or entity holding the rights thereto.

§ 6 Compensation

  1. Advertisers placing ads pay the flat monthly fee specified in the advertisement form using the international payment system provided by CASA UNITED on the CASA UNITED website.
  2. The flat fee is payable for the entire advertising period without deduction once the advertisement form provided by CASA UNITED has been completed in its entirety and the user clicks on the button “Make payment”.

§ 7 Service interruptions

  1. Service interruptions for which CASA UNITED is not responsible are of no consequence. The advertiser may report service interruptions that have a negligible effect on the functionality of the CASA UNITED website to CASA UNITED; however, CASA UNITED shall be free to refuse to fix such disruptions on materially relevant grounds, particularly in cases where remedying the problem would entail unreasonable costs. This also applies to service interruptions caused by circumstances beyond the control of CASA UNITED, such as may result from the overloading of networks outside the data network of CASA UNITED, the advertiser's own hardware and software, environmental conditions, processing errors, defective external data as supplied by the advertiser or other causes for which CASA UNITED is not responsible).
  2. Interruptions to the functionality of the service offering that are attributable to CASA UNITED and for which CASA UNITED is responsible shall be remedied by CASA UNITED as soon as possible after having been notified accordingly by the advertiser. Faults should be reported without delay. CASA UNITED shall remedy any factual or legal defects to the extent possible and appropriate for CASA UNITED and reasonable for the advertiser. CASA UNITED has the right to refuse to resolve service interruption if a resolution is impossible or would impose an unreasonable burden on CASA UNITED. CASA UNITED may refuse to remedy defects in the services that it provides until an advertiser fulfills his or her payment obligations pursuant to § 6 of these General Terms and Conditions, and, specifically, to an extent corresponding to that portion of the service that is expected to be free of defects
  3. The exclusion of liability stipulated in the foregoing paragraphs shall not apply if liability has been excluded or limited by agreement as regards losses arising from harm to life and limb caused by a culpable breach of duty on the part of CASA UNITED and/or its statutory or vicarious agents. Nor shall such exclusion of liability apply if liability has been excluded or limited by agreement as regards other damage occurring as a result of an intentional or grossly negligent breach of duty on the part of CASA UNITED or an intentional or grossly negligent breach of duty on the part of a statutory or vicarious agent of CASA UNITED. In the event of any breach of a material contractual obligation [Kardinalpflicht] — i.e. a duty whose fulfilment makes due execution of the contract possible in the first place and regarding which the advertiser regularly has the right to trust that it will be fulfilled — liability shall not be excluded but instead limited to the foreseeable damage typical for a contract of this nature. Moreover, the exclusion of liability shall not apply in such cases where CASA UNITED is liable under product liability law for damage to persons or privately used real estate. Nor shall it apply to the assumption of a guarantee and to warranted characteristics if a defect covered by precisely that guarantee or warranty renders CASA UNITED liable. A guarantee or warranty entailing an intensification of liability or the assumption of a special responsibility shall be deemed to have been stipulated only if the terms "guarantee" or "warranty" are specified explicitly.

§ 8 Claims for damages and other liability

  1. The following provisions shall apply to breaches of duty above and beyond the liability for material and statutory defects in cases where the browser application supplied by CASA UNITED or its services are defective; these provisions shall neither exclude nor limit any statutory right on the part of the advertiser to withdraw from the contract. Likewise, statutory or contractual rights and claims to which CASA UNITED may be entitled shall not be excluded or limited.

  2. CASA UNITED does not act as an estate agent, vicarious agent or intermediary for any advertiser. Nor does CASA UNITED enter into any contracts concerning the referral of customers. CASA UNITED does not guarantee that all properties listed on the CASA UNITED Website have been accurately described and portrayed, nor that these properties are available at the price or rent specified in the listing and/or that other details as published by advertisers (e.g. personal details) are accurate. The responsibility in such cases shall rest solely with the advertiser who published the data on the CASA UNITED Website.
  3. CASA UNITED shall pay damages and reimburse futile costs, as well as lost profits, on any legal ground whatsoever (e.g. breach of contractual subsidiary obligations, default, impossibility or tort) only under the following circumstances and to the following extent:
    1. CASA UNITED shall be liable in full if it culpably caused harm to life and limb, and also in cases of wilful misconduct, assumption of a guarantee, wilfulness and gross negligence on its part and/or on the part of its statutory and/or vicarious agents;
    2.  In other cases, CASA UNITED shall be fully liable for typical, foreseeable damages only if a duty material to the contract has been breached;
    3. CASA UNITED shall only be liable for such disruptions and defects extant at the time the contract was closed where these are the responsibility of CASA UNITED.
  4. The advertiser shall have no additional claims on any legal grounds whatsoever (in particular, claims under breach of contractual subsidiary obligations) if none of the exceptions set forth in § 8 (3) apply. The above provision applies in particular to claims arising from losses incurred outside of the services of CASA UNITED. Claims that do not arise from any defect in the services of CASA UNITED shall also be covered by this exclusion of liability.

§ 9  Cancellation policy

Right to cancel


If you are a consumer, you have the right to cancel this contract within 14 days without providing a reason. The cancellation notice period is 14 days starting from the date the contract is entered into. In order to exercise your right to cancel, you must inform us 


Casa United AG
Wirzboden 13
CH-6370 Stans
Nidwalden – Switzerland
Fax: +41 (0) 41 / 611 03 26
E-mail: legal@casaunited.com


by giving us clear notice (e.g., via letter sent through the post, facsimile or e-mail) of your decision to cancel this contract. You may use the sample cancellation form included, but it is not required. You can complete the sample cancellation form and send it to us. If you choose to use this form, we will send you confirmation (e.g., via e-mail) regarding the receipt of your cancellation request immediately.

 

For compliance purposes, sending notice of your exercise of your right to cancel before the cancellation notice period expires will suffice.

 

Consequences of cancellation.

 

If you cancel this contract, we must refund to you all payments we have received from you including delivery costs (with the exception of additional costs that result from you having chosen a type of delivery other than the inexpensive standard delivery option offered by us) immediately and no later than within 14 days starting from the date on which we receive notice of your cancellation of this contract. Unless we have expressly agreed to a different procedure with you, we will use the same method of payment to issue the refund as you used for the original transaction; under no circumstances will you be charged fees due to this refund. 

 

If you requested that services begin during the cancellation notice period, you must pay to us an appropriate sum equivalent to the portion of the services already provided up to the point in time at which you informed us of your exercise of your right to cancel this contract in comparison to the total scope of services stipulated in the contract.



Sample cancellation form


(If you would like to cancel the contract, please fill out this form and return it to us.)

 

To
Casa United AG
Wirzboden 13
CH-6370 Stans
Nidwalden – Switzerland
Fax: +41 (0) 41 / 611 03 26
E-mail: legal@casaunited.com

 

I/We hereby cancel the contract I/we entered into regarding the following service:

 

Placement of an advertisement

 

Issued on………….

 

- Consumer’s name
- Consumer’s address
- Consumer’s signature (only when notice is sent on paper)
- Date

§ 10 Term of the agreement, termination 

  1. The advertising contract entered into by way of the advertiser’s acceptance of these Terms and Conditions terminates when the ad placement expires. 
  2. The right to terminate the advertising contract for cause without notice shall not be affected hereby. In particular, CASA UNITED shall have cause to terminate if
    1. The advertiser assigns or attempts to assign rights under this contract to third parties or transfers or attempts to transfer obligations under this contract to third parties without being authorised to do so and without the express written consent of the party making the termination,
    2. The advertiser fails to fulfil any other obligation under this contract and fails to remedy this state of affairs within five business days of being reminded to do so,
    3. The advertiser defaults on payment of the fee for the placement of an ad, 
    4. The advertiser copies content posted in the listings on the CASA UNITED Website and/or advertiser profiles for his or her own commercial purposes without first obtaining the approval of the person holding the respective rights of use,
    5. The advertiser applies “bots”, i.e. computer programs that handle automated tasks, such as web crawlers, to his or her use of the CASA UNITED Website,
    6. The advertiser has made false statements about himself or herself and/or the advertiser’s contact information, credit card information, and/or his or her status as a business owner or consumer and/or his or her VAT ID or entry in the Commercial Register.
  3.  Termination, for whatever reason, must be in writing.

§ 11 Final provisions

  1. If the advertiser is a business owner, the domicile of CASA UNITED shall be the place of performance for all of the parties' obligations under the advertising contract.
  2. All claims of the contracting parties under the advertising contract shall expire within one year. In each case, the period of limitation shall begin at the close of the year during which the claim arose and in which the beneficiary became aware of the circumstances giving rise to the claim. The parties are in agreement that curtailing the period of limitation serves to facilitate the short-term resolution of any differences between the parties.
  3. The invalidity of any provision of these General Terms and Conditions, whether now or in the future, shall not undermine the validity of the remaining provisions. The parties shall stipulate an appropriate provision in lieu of the invalid provision such that the new provision approximates the desired outcome for the contracting parties had they contemplated the issue at the time they entered into the advertising contract. The same shall apply to omissions in the contract.
  4. No oral ancillary agreements have been made. Any amendments or modifications to these General Terms and Conditions shall be made in writing. The above also applies to this provision requiring the written form.
  5. If the advertiser is a business owner, these General Terms and Conditions, together with the contract entered into with the advertiser covering the use of the CASA UNITED online portal are governed by Swiss law; neither the United Nations Convention on Contracts for the International Sale of Goods (CISG) nor the conflict of law rules provisions under international private law shall apply. The parties shall first attempt to settle any dispute under this contract, including those concerning its effectiveness, through negotiation. The domicile of CASA UNITED shall be the sole place of jurisdiction if the contracting parties fail to resolve their differences of opinion within 30 days of initiating negotiations, if the advertiser is a business owner.
  6. CASA UNITED reserves the right to amend these General Terms and Conditions at any time if and to the extent this is required by changes in legal regulations, changes in the market environment or decisions by the highest court, or in order to eliminate ambiguities. The amended General Terms and Conditions shall be sent to all advertisers by email no later than two weeks prior to their effective date. If the amendment is not exclusively in favor of the advertiser or neutral, the advertiser may object to the amendment. The amended General Terms and Conditions shall be deemed to have been accepted unless the advertiser objects to the imposition of the new General Terms and Conditions within two weeks of receiving the notice regarding the amended Terms and Conditions. 


    In the email containing the amended General Terms and Conditions, CASA UNITED shall include a separate note advising advertisers of the importance of this two-week period and explain the reasons for the amendment. If the advertiser objects to the amendment of the General Terms and Conditions, the advertising contract may be terminated by both parties for cause if facts exist which, taking into account all aspects of the individual case and weighing the interests of both parties, reasonably prevent the terminating party from continuing the agreement until the end of the regular period of notice. This shall not affect the right to terminate the contract by giving due notice.