STANDARD TERMS AND CONDITIONS FOR THE USE OF SERVICE OF REAL ESTATE CLUB OÜ ONLINE-REAL ESTATE AGENCY
1. GENERAL PROVISIONS
1.1. The standard terms and conditions for use of services provided by online-real estate agency (hereinafter Standard terms) shall regulate the use of services provided by Real Estate Club OÜ (hereinafter Service provider) on web page www.reclub.ee for the use of online-real estate sales service (hereinafter Service) by the Service user.
1.2. The precondition for the use of the Service is the entry into a contract concluded by the Service provider and the Service user. The Contract is deemed to be concluded after the accrual of the package cost transferred by the Service user to the Service provider’s bank account and/or signing the Contract by the Service user in the location, where the Service provider provides the service or via electronic channels accepted by the Service provider.
1.3. The Service provider has the right to change the Standard terms unilaterally or establish new Standard terms in case the corresponding terms and conditions in legal acts and practice are changed, depending on the practical developments in the area, to create the Service user additional or better options or need to specify the circumstances or business risks related to the provision or use of the Service. The Service provider shall issue a corresponding notification about the amendment or Standard terms or the establishment of new Standard terms on the web page reclub.eu (hereinafter Web page). The Service user shall undertake to follow information updates on the Web page.
2. SERVICE PACKAGES
2.1. The Service provider shall offer 3 service packages (hereinafter Package): Basic, Standard and Premium, which are established according to the capacity and specification of the corresponding service. The descriptions of packages and services included are available on the Web page.
2.2. Each Package includes a free-of-charge entry into the self-service, where the Service user can change personal data or the password; look at current statistics; establish a suitable time for the demonstration of the real estate object; purchase extra services; receive accessory materials; delete a real estate object.
3. SERVICE USER’S REAL ESTATE OBJECTS
3.1. Upon the entry into the Contract with the Service provider, the Service user confirms that:
3.1.1. The Service user has the right, proceeding from the legislation or the contract for the sale of the real estate object, to present it on the Service provider’s web page, including adding photos and the personal data of the owner of the real estate;
3.1.2. Data presented during the use of the Web page must be correct and not misleading;
3.1.3. Information delivered during the use of the Web page does not violate the intellectual property rights of a third person, including the author’s rights, and is not in controversy with the legislation and other applicable legal acts;
3.2. The Service provider reserves the right not to publish the advertisement of the real estate object if he finds that it violates the rights of a third person and/or the information about the real estate object is misleading and imprecise.
3.3. The Service provider has the right not to publish the photo material due to the poor quality of the photo material about the real estate object or when the Service provider finds that the photo material is inappropriate for publication.
4. DEMONSTRATION OF REAL ESTATE OBJECTS
4.1. The Service user may become familiar with the time schedule of the demonstrated real estate object published by him. The time schedule shows the history of the demonstration of the real estate object and current bookings.
4.2. The Service user is immediately notified by the system about a new booking and delivers a corresponding notification to the Service user’s electronic address. The notification shall include the contact data of the person who wants to become familiar with the real estate object and the date and time of the exhibited real estate object.
4.3. In case the Service provider is subject to the obligation personally demonstrate the real estate object; even then the Service user shall be sent a notification of a booking to demonstrate the real estate object.
5. PAYMENT FOR SERVICES
5.1. For the activation of the Basic or Standard package, the Service user shall pay a single fee, which amount is available on the Web page. The activation of the package shall take place no later than within two working days after the sum of money is accrued on the Service provider’s bank account.
5.2. For the activation of the Premium package, a separate contract has to be concluded with the Service provider. Information about the cost of the Premium package is available on Web page and it depends on the sales price of the real estate object.
5.3. The price list of extra services is available on the Web page.
5.4. The Basic and the Standard packages can be paid for via bank links or by credit card. Payment for the Premium package is performed pursuant to the agreement with the Service provider.
5.5. All prices available on the Web page are in Euros include VAT.
5.6. The prices for Services are established by the Service provider. Prices shall be valid from the activation of the package until the expiry date of the package.
5.7. The Service provider shall reserve the right to make changes in the price list.
6. WITHDRAWAL FROM THE CONTRACT AND TERMINATION OF THE
6.1. According to the Law of Obligations Act (VÕS) § 47 section 3 article 1, the Service User, who may be a consumer, may
not withdraw from contracts that they have concluded if the Service Provider has fulfilled all
their contractual obligations with the activation of the package.
6.2. The validity term of the Service is available on the Web page and depends on the package chosen. The Contract for the use of service shall end upon the due date or when the real estate object is successfully sold.
6.3. In case the Service user wants to terminate the Contract pre-term, he deletes the advertisement of the real estate object in the self-service. The cost of the Package shall not be compensated upon the termination of the Contract pre-term. In case of the Premium package, the Parties shall follow provisions established in the Contract.
6.4. If the Service provider violates the Contract and the violation of the Contract is not subject to force majeure, the Service provider may withdraw from the Contract by informing the Service user 1 (one) day in advance. Upon withdrawal from the Contract the Service provider shall block the Service user’s access to self-service. The cost of the Package shall not be compensated.
7.1. Personal data are data that the Service Provider collects to identify an individual (the Service User) or to contact them.
7.2. The Service Provider may, with the Service User’s consent, collect the following personal
data of the Service User: Service User’s name, postal address, telephone number, e-mail address;
7.3. With the consent of the Service User, personal data may be collected:
7.3.1. when contact data (among others) is submitted on the Website;
7.3.3. for identifying the Service User for customer service purposes when completing a purchase.
7.4. Personal data submitted by the Service User to the Service Provider shall be processed in accordance with the Data Protection Act. The data is only transmitted to third parties with the consent of the Service User, or in cases prescribed by law. In accordance with the law, the Service Provider shall transfer the information regarding payments for data processing to the processor Maksekeskus AS.
7.5. The Service User is responsible for the accuracy of his/her data submitted. The Service Provider shall not be liable in any way for the consequences caused by information entered incorrectly by the Service User.
7.6. The Service User is responsible for preventing the access of third parties to their login details. The Service Provider shall not be liable in any way for the consequences caused by the access of third parties to the login details of the Service User due to the fault of the Service User.
7.7. If the data of the Service User entered on the registration sheet change, they must be immediately updated on the website. The Service Provider shall not be liable in any way for the consequences caused by the inaccuracy or expiration of information entered by the Service User.
7.8. If the Service User is trying to undermine, damage, interfere with or disrupt the work of the online real estate agency with his/her action or omission, the Service Provider is entitled to immediately and without notice, restrict or discontinue the Customer’s access to the website and refuse to serve him/her in the future.