1. GENERAL TERMS OF BUSINESS OF THE REAL ESTATE TRADE AGENCY
INTRODUCTION - GENERAL PROVISIONS
The general business conditions regulate the business relationship between the trading company ZEN HOME 369 d.o.o. (hereinafter: Agency) and the principal (natural or legal person).
At the time of concluding the mediation contract, the principal is aware of and agrees with these General Business Terms and Conditions and its provisions.
Certain expressions in terms of these General Terms and Conditions have the following meanings:
1. The broker in real estate is the trading company ZEN HOME 369 d.o.o., a real estate brokerage agency that meets the requirements for real estate brokerage as set out in the Real Estate Brokerage Act (hereinafter: Broker).
2. A real estate brokerage agent is a natural person who is registered in the Directory of real estate brokerage agents.
3. Brokerage in real estate transactions are actions of intermediaries in real estate transactions that relate to the connection between the client and a third party, as well as negotiations and preparations for the conclusion of legal transactions, the subject of which is a specific real estate, especially when buying, selling, exchanging, renting, leasing, etc.
4. Principal is a natural or legal person who enters into a written mediation agreement with a real estate broker (seller, buyer, lessee, lessor, lessor, lessee and other possible participants in real estate - hereinafter: Principal).
5. A third party is a legal or physical person that a real estate broker tries to connect with the principal for the purpose of negotiating the conclusion of legal transactions with a specific real estate as its object (hereinafter: Third Party).
OFFER
The total offer of real estate of the trading company ZEN HOME 369 d.o.o. is based on information received in writing and verbally or by e-mail from the owner of the property (Principal) and which are offered for sale, rent or lease.
The broker is not responsible in the event of an error in the description or price of the property and is not responsible in the event that the owner of the property withdraws from the mediated legal transaction and the possibility that the advertised property has already been sold or the owner has given up on the sale without notifying the agency in time. The Agency's offers and notices must be kept by the recipient (principal) as a business secret and may only be transferred to a third party with its written approval. If the recipient of the offer is familiar with the real estate that the Agency has already offered him, he is obliged to inform the Agency about it without delay.
OBLIGATIONS OF REAL ESTATE MEDIATORS towards the Principal - the seller
When mediating for the conclusion of a purchase agreement, rental agreement or real estate lease agreement, the mediator is obliged to do the following in particular:
1. conclude a Mediation Agreement with the client (standard or exclusive),
2. obtain and review the documents proving ownership or other real rights to the property in question and warn the Principal of:
- obvious shortcomings and possible risks related to the unregulated state of the real estate in the land register,
- registered real rights or other rights of third parties on real estate,
- legal consequences of non-fulfillment of obligations towards a third party,
- deficiencies in building and use permits in accordance with a special law,
- the circumstances of the obligation to apply the right of first refusal and limitations in legal transactions in accordance with special regulations,
3. inform the client of the average market price of similar real estate,
4. if the subject of the contract is land, verify the purpose of the land in question in accordance with the spatial planning regulations that apply to that land and inform the interested parties thereof,
5. perform the necessary actions for the purpose of presenting (presentation) the real estate on the market, advertise the real estate in an appropriate manner, and perform all other actions agreed upon in the real estate brokerage contract that go beyond the usual presentation, for which he is entitled to special, pre-specified costs,
6. keep the client's personal data and, upon the written order of the employer, keep as a business secret information about the real estate for which he is mediating or related to that real estate or the job for which he is mediating,
7. to look for and bring a person in contact with the Principal in order to conclude a mediated deal,
8. organize an inspection of the property,
9. inform the Principal about all the circumstances important for the intended work that are known to him or must be known to him,
10. inform the Principal of the provisions of the Law on Prevention of Money Laundering and Financing of Terrorism (Official Gazette 108/17),
with the cooperation and notification of the Principal, if he has specifically committed himself to this:
11. mediate in negotiations and try to conclude a legal deal,
12. organize the certification of the signatures of the contracting parties at the Notary Public,
13. attend the conclusion of a legal transaction (preliminary contract and contract),
14. to attend the handover of the real estate that is the subject of the legal work with the preparation of the handover report.
OBLIGATIONS OF THE PRINCIPAL IN REAL ESTATE TRADE - the seller towards the agency
by concluding an agreement on mediation with the Intermediary, the Principal undertakes the following obligations:
1. Inform the Mediator of all the circumstances that are important for mediation and present accurate data about the property and, if in possession, provide a location, construction or use permit for the property that is the subject of the contract, and provide the mediator with evidence of fulfillment of obligations to a third party.
2. Give the mediator documents that prove his ownership of the real estate, or other real rights to the real estate that is the subject of the contract, and warn the mediator of all registered and unregistered encumbrances that exist on the real estate.
3. Provide the Mediator and a third party interested in concluding the mediated deal with a viewing of the real estate.
4. Inform the mediator about all relevant information about the requested real estate, which especially includes the description of the real estate and the price.
5. After the conclusion of the mediated legal transaction, i.e. the pre-contract by which it is committed to conclude the mediated legal transaction, if the Intermediary and the Principal have agreed that the right to payment of the mediation fee is acquired already at the conclusion of the preliminary contract, pay the mediation fee to the mediator, unless otherwise agreed.
6. Notify the Intermediary in writing about all changes related to the work for which he has authorized the intermediary, and especially about changes related to ownership of the real estate. The principal will be liable to the intermediary for damages, if he did not act in good faith and is obliged to compensate all costs made during mediation.
The principal will be liable for damages if he has acted fraudulently, if he has withheld or provided incorrect information essential for the mediation business in order to complete the mediated business.
OBLIGATIONS OF THE PRINCIPAL TO THE PRINCIPAL – customer:
1. conclude a contract on mediation with the client,
2. try to find a suitable property for the principal, present it to the principal and put him in touch with the seller who would negotiate with him on concluding a sales contract (exchange contract or similar),
3. present the buyer with proof of ownership of the property that is the subject of the sale and the existence of any registered encumbrances,
4. Notify the principal about the essential circumstances for the conclusion of the work,
5. participate in negotiations and agree on the conditions for closing the deal,
6. prepare for closing the deal.
OBLIGATIONS OF THE PRINCIPAL - buyer towards the agency:
1. conclude an agreement on mediation with the agency ZEN HOME 369 d.o.o. (standard or exclusive),
2. pay the intermediary the agreed commission immediately after signing the sales contract, pre-contract or other similar legal document, and after receiving the first amount of money in the name of down payment or purchase price.
AGREEMENT ON REAL ESTATE BROKERAGE
With the agreement on mediation in real estate transactions (hereinafter: the Agreement), the Intermediary undertakes to try to find and connect the Principal with a Third Party in order to negotiate and conclude a certain legal transaction on the transfer or establishment of a certain right on real estate and/or in connection with real estate, and the Principal undertakes to pay him a certain intermediary fee if that legal transaction is concluded.
The contract is concluded in writing and for a certain period of time. If the contracting parties do not agree on the term for which they conclude the Agreement, the Agreement is considered to have been concluded for a specific period of 12 months and may be extended several times by agreement of the parties.
In the brokerage contract, the essential data for the sale/purchase/rental/lease of real estate must be specified.
When selling real estate that is co-owned by more than one person, the written consent of all co-owners is required for the sale of real estate in the form of acceptance of an intermediary contract, unless otherwise agreed.
TERMINATION OF MEDIATION AGREEMENT
A contract on mediation concluded for a certain period of time ends with the expiration of the term for which it was concluded if the contract for which it was mediated was not concluded within that period or by the termination of any of the contracting parties.
The Principal is obliged to compensate the Intermediary for the costs incurred, for which it was otherwise expressly agreed that the Principal would pay them separately.
The contract cannot be canceled during negotiations with a third interested party brought by the Mediator.
If, within 12 months after the termination of the mediation agreement, the Principal concludes a legal transaction that is a consequence of the intermediary's actions before the termination of the mediation agreement, he is obliged to pay the mediation fee in full to the Intermediary, unless otherwise agreed in the contract.
EXCLUSIVE BROKERAGE
With the agreement on exclusive mediation, the Principal undertakes not to engage any other mediator for the mediated work.
When concluding the Agreement on exclusive mediation, the Intermediary is obliged to specifically warn the Principal about the meaning and legal consequences of that clause.
If, during the duration of the Agreement on exclusive mediation, the Principal concluded a legal transaction through another intermediary through the Intermediary, for which the exclusive Intermediary was given an order for mediation, is obliged to pay the agreed mediation fee to the exclusive Mediator as well as possible additional real expenses incurred during the mediation for the said mediated work.
A contract on exclusive mediation concluded for a certain period of time ends with the expiration of the term for which it was concluded if the contract for which it was mediated was not concluded within that period or by the termination of any of the contracting parties.
BROKERAGE FEE
The intermediary acquires the right to compensation in full after the conclusion of the contract for which he mediated, unless the intermediary and the principal have agreed that the right to payment of compensation is acquired upon conclusion of the preliminary contract.
The agreed mediation fee covers the performance of the actions of the Intermediary specified in point 6 of these General Terms and Conditions.
The amount of the mediation fee is determined by the mediation agreement as a percentage of the achieved purchase price of the real estate, that is, in the case of a lease or rental agreement, in the amount of the monthly rent or rent.
FINAL PROVISIONS
The general conditions are published on the official website of the Intermediary www.wei-ss.de and are available at the Agency's headquarters. All amendments and additions to the General Terms and Conditions will be drawn up by the Intermediary in written form and published in the manner referred to in the previous paragraph.
For everything that is not expressly determined by these General Terms and Conditions, the Real Estate Brokerage Act, the Obligatory Relationships Act, and other legal regulations shall apply.
The general conditions apply from June 1, 2023. years.
ZEN HOME 369 d.o.o. with headquarters in Pula, Ul. Marka Marulića 3, 52100, Pula
office; Ul. Marka Marulića 3, 52100, Pula
OIB: 13668576422
2. INFORMATION ON THE PROCESSING AND PROTECTION OF PERSONAL DATA
Company ZEN HOME 369 d.o.o. and its related bodies recognize the importance of protecting the privacy and rights of individuals in relation to their personal data. This document is our privacy policy and tells you how we collect and manage your personal information.
Trading company ZEN HOME 369 d.o.o. with headquarters in Pula, Benčićeva Street 66d, OIB: 13668576422 is responsible for respecting the principles of privacy protection. The collection and processing of personal data is determined by the Law on Real Estate Brokerage, the Law on Prevention of Money Laundering and Financing of Terrorism and the Law on Protection of Personal Data.
By sending an inquiry, signing a contract or contacting directly, the client agrees that the agency ZEN HOME 369 d.o.o. voluntarily makes available his data and/or the data of the company he represents or represents, which are necessary for the performance of real estate mediation services.
The client allows them to be used for the purpose of protecting personal interests in all the jobs contracted with the agency ZEN HOME 369 d.o.o. . Agency ZEN HOME 369 d.o.o. undertakes to protect the personal data of its clients, in such a way that it collects only necessary, basic data about clients, i.e. about buyers/sellers and lessors/lessees that are necessary for the fulfillment of its obligations; informs the said parties about the way of using the collected data, gives the same clients the option of choosing about the use of their data. All client data is strictly kept and is available only to employees who need this data to perform their work. All employees of the Agency ZEN HOME 369 d.o.o. are responsible for respecting the principles of privacy protection. The manner in which the collected data is processed includes saving, recording, organizing, reviewing and transferring personal data to the agency ZEN HOME 369 d.o.o. during the duration of the business relationship, but also after the end of the business relationship with the client, during the period in which ZEN HOME 369 d.o.o. obliged to keep certain documentation.
NAME AND CONTACT INFORMATION OF THE PROCESSING MANAGER
The manager of personal data processing is the agency ZEN HOME 369 d.o.o.
Headquarters: Ul. Marka Marulića 3, 52100, Pula
Office: Ul. Marka Marulića 3, 52100, Pula
OIB: 13668576422
tel.: +385 99 / 3580 018 e-mail: info@wei-ss.de
The processing of clients' personal data is carried out by employees of the agency ZEN HOME 369 d.o.o.
PURPOSE OF PROCESSING
The purpose of collecting and processing personal data is necessary for the realization of mediation services. All personal data that the agency ZEN HOME 369 d.o.o. collected for the purpose of the mediation service, they are protected and their processing will not be started if it is not necessary for the realization of the requested service, if the processing is not legally conditioned, or if there is no legitimate interest for it.
DESCRIPTION OF RESPONDENT CATEGORY AND PERSONAL DATA CATEGORY
Categories of respondents from which agency ZEN HOME 369 d.o.o. collects personal data are all clients who want to establish a business relationship for services for which the company is legally registered, for example mediation in the purchase and sale and rental/lease of real estate, market valuation, consulting. In order for the Agency to be able to establish a business relationship with the client and provide quality service, it is necessary to collect personal data.
Without consent to collect the following personal data, the Agency will not be able to provide its services:
• first and last name, address, ID number
• phone number
and e-mail address
• possibly some other personal data for which there is an obligation to collect in accordance with the Anti-Money Laundering and Terrorism Financing Act and the Act on Intermediation in Real Estate Transactions.
Your personal data is collected and entered into:
• mediation agreement,
• a field form in which you enter details about the property you are selling or your wishes and needs when buying,
• database on the internal server,
• newsletter base
In addition to the personal data voluntarily provided by the client, publicly available data on real estate is also collected from publicly available registers (e-cadastre and e-land registers) which may contain personal data of the client if he is the same owner of the property or personal data of another owner of the property.
Agency ZEN HOME 369 d.o.o. when collecting personal data, it is guided by the principle of collecting the minimum necessary number of personal data for a specific purpose, and personal data is collected and processed with the aim of contracting a service and establishing a contractual relationship and fulfilling the contractual obligation. The amount of data that is collected depends on the requested service or product (e.g. agreements on mediation, sale, lease, rental, business and technical cooperation, etc.). In the event that the client provides information about personal data that is not his, he is obliged to inform the person whose personal data he provided.
CATEGORIES OF RECIPIENTS TO WHOM THE PERSONAL DATA HAVE BEEN DISCLOSED OR WILL BE DISCLOSED TO THEM
Personal data collected from clients is available to employees of ZEN HOME 369 d.o.o.
In the case of concluding a contract on business or technical cooperation, there is a possibility that the Agency forwards the client's personal data to an external collaborator who has professional competence and provides sufficient guarantees regarding the provision of appropriate personal data protection measures and with whom the Agency has signed a cooperation contract, all with the purpose of providing as fast and high-quality services as possible, such as the transfer of data to a law firm for the purpose of drafting sales deeds.
DEADLINES FOR DELETION OF DIFFERENT CATEGORIES OF DATA, IF POSSIBLE
Personal data is kept for the period: either specified by an individual regulation (e.g. Law on Prevention of Money Laundering and Financing of Terrorism, Law on Accounting, etc.) or no longer than is necessary to achieve the purpose for which they were processed, if the storage period is not prescribed or a minimum storage period is prescribed. In particular, client data is generally retained for a period of time in accordance with the retention periods prescribed by the Law on the Prevention of Money Laundering and Terrorist Financing, which is 5 years after the end of the year in which the business relationship ended. In the same way, personal data can be processed for a longer period of time if it is necessary for some other justified purposes (eg for the needs of court and other legal proceedings, etc.). Data retention periods in cases of processing for which the retention period is not prescribed by law may be longer or shorter than the aforementioned periods, and that period is determined by ZEN HOME 369 d.o.o. as a processing manager. In this case, the data is kept only as long as it is necessary for the purpose for which the personal data is processed.
GENERAL DESCRIPTION OF TECHNICAL AND ORGANIZATIONAL SECURITY MEASURES
Business of the agency ZEN HOME 369 d.o.o. in the processing and protection of personal data, it complies with the legal regulations that regulate the processing of personal data. The Agency takes technical and organizational measures within the scope of its capabilities regarding the protection of personal data of its clients. Employees only have the information they need to perform their work. Likewise, it is the task of the employees to be familiar with the measures and the importance of protecting personal data of respondents, as well as to further educate themselves about the same.
CUSTOMER RIGHTS
The protection of personal data implies the following rights of the client, namely:
• request access to your personal data and the purpose of their processing, categories of data and potential recipients who process them
• request the correction of incorrect personal data
• request the deletion of data that is not necessary in relation to the purpose for which they were collected or the limitation of the purpose of processing the provided personal data, if there is a valid reason for this
• file an objection to the processing procedure or to the transferability of data to third parties
• revoke the consent based on which personal data is processed, after which the Agency stops processing personal data for the purpose for which the consent was given
• request the transfer of your data to another controller
In the event that one wishes to exercise one of the above-mentioned rights, and all prerequisites for this have been met, the request for the exercise of the right should be sent in writing to the e-mail address:
info@wei-ss.de
or
by mail to the address;
ZEN HOME 369 d.o.o.
52100 Pula, Benčićeva Street 66d,
Agency ZEN HOME 369 d.o.o. as a data controller, reserves the right to prevent the deletion of personal data, to refuse to limit the purpose or to prevent the transfer of data to third parties if thus it cannot fulfill the requested service or if the storage of certain personal data is prescribed by a special law and for the same reason it is obliged to keep them.
ZEN HOME 369 d.o.o. Headquarters: Ul. Marka Marulića 3, 52100, Pula Office: Ul. Marka Marulića 3, 52100, Pula; OIB: 13668576422, phone: +385993580018, e-mail: info@wei-ss.de