General Terms and Conditions — Property Agency Account

Section 1 — Definitions and Parties

Platform

Terra Mia Immobiliare, owner Oskar Golde, Regattastraße 9h, 16816 Neuruppin, Germany. VAT ID: DE302445319. Operator of the portal network at terra-mia.immo and all associated property domains.

Agency

A commercially operating property intermediary that lists properties for third parties via the portal network and maintains an agency account for that purpose. The Agency is an entrepreneur within the meaning of § 14 BGB.

Agency Account

The user account with the account type "Agency" declared at registration. It differs from a private account in the company details on file (company name, VAT or Partita IVA number, address, REA number) and in its access to the agency tariffs.

Principal

The owner of a property who has instructed the Agency to mediate or advertise it. The Principal is not a party to these terms and holds no account on the platform.

Listing

The presentation of a property (description, photos, data, price) placed by the Agency on the portal network.

Section 2 — Scope and Order of Precedence

Supplementary Character

These terms supplement the Terms of Use (Doc 0) and the Property Listing Terms (Doc B). They stand alongside those documents and do not replace them. Doc B applies to everything not governed differently here.

Order of Precedence

In the event of conflict, these terms prevail over the Property Listing Terms in so far as they concern the agency relationship. The Terms of Use (Doc 0) prevail over both in so far as they concern the account as such.

No Brokerage by the Platform

Terra Mia Immobiliare operates a listing platform and at no time acts as a broker, intermediary or adviser to the Prospect or the Principal. A purchase contract is concluded exclusively between the parties involved outside the platform. Terra Mia Immobiliare receives no sale commission.

No Statement about the Agency

The fact that an agency holds an agency account is a statement by the Agency and constitutes no check, recommendation or endorsement by Terra Mia Immobiliare.

Section 3 — Requirements for an Agency Account

Registration

The Agency warrants that it is authorised to carry on commercial property mediation. For agencies established in Italy this requires entry in the REA section of the Registro Imprese at the competent Chamber of Commerce under L. 39/1989 as amended. The REA number must be stated at registration.

Company Details

Company name, address and VAT or Partita IVA number must be stated completely and accurately and corrected without delay when they change.

Accuracy and Currency

The details under 3.1 and 3.2 must be kept current for the entire term of the contract. Should the authorisation to mediate cease, the Agency shall give notice without delay; Section 10.3 remains unaffected.

No Duty to Verify

Terra Mia Immobiliare does not check the details for accuracy and owes no such check. A check in an individual case creates no entitlement to future checks.

Multiple Use

One agency account is maintained per agency. Access credentials must not be passed to third parties outside the Agency's own business.

Section 4 — Mandate and Listing for Third Parties

Warranty

For every property placed, the Agency warrants that it has been validly instructed by the person entitled to dispose of it to advertise the property, publish the content placed and receive enquiries.

Scope

The warranty covers in particular the right to publish photos, floor plans, property data and price information, together with the usage rights required for that purpose.

Lapse of the Mandate

When the mandate ends, the Agency shall take the listing concerned offline without delay or request its deletion. A listing without a mandate must not remain.

Presentation

In the listing the Agency appears recognisably as the advertiser. It does not give the impression of owning the property itself, nor of acting on behalf of Terra Mia Immobiliare.

No Sub-Licensing via the Account

The agency account must not be used to give third parties access to the platform for a fee, nor to place listings on behalf of further agencies.

Section 5 — Mandatory Details and the Energy Certificate (APE)

Italian Law

The properties listed are located in Italy. The mandatory details are therefore governed by Italian law.

APE Details

Under D.Lgs. 192/2005 art. 6(8) the advertisement must state the property's energy data. The Agency is responsible for those details and confirms that it has taken them from the available energy certificate or an equivalent basis.

Commissioned or Exempt Certificate

Where an energy certificate has been commissioned but not yet issued, or where an exemption applies, that state may be declared in the listing. The duty to complete the details as soon as the certificate is available remains.

No Check by the Platform

Terra Mia Immobiliare checks neither the existence nor the content of an energy certificate. Providing the input fields is neither a check nor an assurance of completeness.

Sanctions

The consequences of missing or incorrect mandatory details fall on the Agency as the party placing the listing. Section 9.2 applies accordingly.

Section 6 — Data Protection: Separate Controllership

The Platform's Controllership

For the processing of the Agency's account, billing and usage data, and for the operation of the portal network, Terra Mia Immobiliare is the controller within the meaning of Art. 4(7) GDPR. Details are set out in the privacy policy.

The Agency's Controllership

For the personal data of its Principals and of its own prospect contacts, the Agency is an independent controller. It determines the purposes and means of that processing itself and requires its own legal basis for every publication via the platform.

No Accounts for Third Parties

The Agency shall not create accounts or personal records for its Principals or other third parties via the platform. Personal data of third parties may enter a listing only in so far as this is necessary for presenting the property and the Agency has a legal basis for it.

No Processing on Behalf

Between the parties there is no processor relationship with regard to the data under 6.2. Terra Mia Immobiliare does not process that data on behalf of the Agency, but exclusively in order to operate the platform.

Data Subject Rights

Where a data subject contacts Terra Mia Immobiliare about a listing, Terra Mia Immobiliare forwards the matter to the Agency in so far as it falls within the Agency's area of responsibility. The Agency responds within the statutory deadlines.

Section 7 — Fees, Term and VAT

Tariffs

The fee is determined by the tariff schedule in force when the contract is concluded. The agency tariff covers the number of simultaneously published listings and the term stated there.

Due Date

The fee is payable in advance for the booked term. Activation follows receipt of payment.

Value Added Tax

Invoicing follows the VAT rules in force at the time. For supplies to a business holding a valid VAT identification number in another Member State of the European Union, liability for the tax passes to the recipient under Art. 196 of Directive 2006/112/EC (reverse charge); the invoice is then issued without VAT and carries a corresponding note. Which price in the tariff schedule is to be understood as gross and which as net follows from the tariff schedule.

Validity of the VAT ID

The Agency shall ensure that its VAT identification number is valid and issued to it. Should a number prove invalid, Terra Mia Immobiliare is entitled to charge the statutory VAT subsequently.

Term and Renewal

The contract runs for the booked term and does not renew automatically. The forthcoming end of the term is notified in good time in text form.

Late Payment

If a payment falls due and is not made, Terra Mia Immobiliare gives notice and sets a period of fourteen days. Once that period has expired without result, the listings may be taken offline; the data remains stored for the duration of the statutory retention periods.

Section 8 — Duties of the Agency

Content

Listings must be accurate, complete and current. Properties that have been sold or withdrawn from the market must be deactivated without delay.

Third-Party Rights

The Agency places only content to which it holds the necessary rights, in particular to photos, floor plans and texts.

No Duplicate Listings

The same property is not placed several times in parallel, not even under different configurations or prices.

No Misuse

The following are prohibited in particular: placing non-existent or unavailable properties, scraping data from the portal network, automated bulk access outside an agreed interface, and using contact details obtained via the platform for unsolicited advertising.

Communication

The Agency answers enquiries about a listing within a reasonable period. If a listing remains permanently unanswered, Terra Mia Immobiliare may take it offline after prior notice.

Section 9 — Liability and Indemnity

Liability of the Platform

Terra Mia Immobiliare is liable for intent and gross negligence, and for injury to life, body or health, in accordance with statutory provisions. In cases of simple negligence Terra Mia Immobiliare is liable only for breach of material contractual duties and limited to the foreseeable damage typical of the contract. Terra Mia Immobiliare is not liable for the content of the listings the Agency places; the liability privileges for hosting services remain unaffected.

Indemnity

The Agency indemnifies Terra Mia Immobiliare against third-party claims based on a breach of the warranties under Sections 3, 4, 5 or 8, including the reasonable costs of legal defence. This applies in particular to claims arising from a missing mandate, from missing or incorrect mandatory details, and from the infringement of third-party rights in content.

Availability

No particular availability of the portal network is owed. Maintenance work is announced where possible.

No Result Owed

Terra Mia Immobiliare owes the publication of the listing, not its success. There is no entitlement to a particular number of enquiries or views, or to a concluded sale.

Section 10 — Suspension, Termination and Deletion

Ordinary Termination

The contract ends when the booked term expires, without notice being required. The account may be terminated at any time with effect from the end of the term.

Termination in the Account

Termination is possible in the logged-in area without giving reasons. Access to the listings remains until the end of the term.

Extraordinary Termination and Suspension

Terra Mia Immobiliare may suspend the agency account or terminate the contract without notice for good cause, in particular where the authorisation under Section 3.1 has ceased, details under Section 3 are incorrect, a warranty under Section 4.1 does not hold, or Section 8 is breached repeatedly. Before a suspension, an opportunity to comment is given where possible and reasonable.

Consequences

When the contract ends, the listings are taken offline. Fees already paid for the current period are not refunded pro rata where the Agency terminates; where Terra Mia Immobiliare terminates for a reason not attributable to the Agency, the unused portion is refunded.

Deletion

After the contract ends, the data is deleted unless statutory retention obligations prevent this.

Section 11 — Amendments and Final Provisions

Amendments

Amendments to these terms are notified in text form at least six weeks before they take effect. If the Agency does not object before they take effect, the amendments are deemed accepted; the notification draws express attention to that consequence. If the Agency objects, the contract ends at the end of the term.

Applicable Law

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory provisions of the state in which the Agency is established remain unaffected.

Place of Jurisdiction

Where the Agency is a merchant, a legal person under public law or a special fund under public law, Neuruppin is the exclusive place of jurisdiction.

No Consumer Right of Withdrawal

The Agency acts as an entrepreneur. There is no right of withdrawal under §§ 312g, 355 BGB. The withdrawal annex to Doc B does not apply to this contractual relationship.

Language Versions

These terms are provided in German, English and Italian. In the event of discrepancies, the German version prevails.

Severability

Should a provision be or become invalid, the validity of the remaining provisions remains unaffected.