Preamble:

Our general terms and conditions presented here are the basis for all transactions between Accord Estates GmbH and their partners in Germany and abroad. In the event that the contracting party is a businessman in the sense of the German Commercial Code (HGB), these general terms and conditions apply to all future business dealings in equal measure.

§ 1 Our Business Activities

 
Accord Estates GmbH is engaged in the fields of sales and mediation of real estate as well as residential privatisations. As such, Accord Estates GmbH may enter specific agreements with individual business partners. Regardless of such agreements, these general terms and conditions shall be deemed to inform, amend or supplement such agreements where necessary.

§ 2 Applicable Law

In relation to services provided by Accord Estates GmbH or its affiliates, the provisions of the general terms and conditions shall apply, including § 305 ff, otherwise known as “Allgemeine Geschäftsbedingungen“ (AGB). In relation to building works carried out by or on behalf of Accord Estates GmbH, the provisions of the general terms and conditions for building works shall apply, otherwise known as “Allgemeinen Vertragsbedingungen für die Ausführung von Bauleistungen“ (VOB/B).

• 3 Limitation of Liability

 
Accord Estrates GmbH shall not be liable for the accuracy of any advice given in the context of its advisory work, since the majority of facts and figures upon which its advice is based is provided by 3rd parties. The liability shall therefore be limited to grossly negligent advice only.

• 4 Data Protection Policy
  
  Accord Estates GmbH has a comprehensive data privacy policy and is particularly committed to the following:
  
  

4.1 Data Protection

The protection of personal data such as names, addresses, telephone numbers and e-mail addresses is of absolute priority to Accord Estates GmbH. Our websites operate in compliance with German laws governing data protection and data security accordingly.

4.2 Personal Data

On our websites, personal data is only collected with the user’s explicit consent. The decision to disclose personal data in the context of any registration, survey or other forms utilised on the website lies with the user. Personal data of users is used exclusively for the purpose of processing and replying to his enquiries, passing his enquiries on to Accord Estates GmbH employees, agents or affiliates, as well as giving them access to specific data or offers. For customer care purposes, it may be necessary to store, process and use personal data within Accord Estates GmbH. However, this only serves to optimize dealings with the user’s requirements or to improve our products and services. In case a user should not agree to the usage of his personal data to the extent described above, he may inform us in writing at any time. The user’s data will then be blocked accordingly with immediate effect. At the user’s request, we will also provide written information about whether or not we have personal data stored and to what extent. Personal data will be disclosed to any third party only in the context of mandatory legal regulations. Therefore, our employees are sworn to secrecy.

4.3 Automatically Captured, Non-Personal Data

When visiting a website of Accord Estates GmbH, information may occasionally be collected automatically which is not assigned to a certain person (especially concerning the internet browser and the operating system used; the name of the customer’s internet service provider; as well as the website visited previously to the website of Accord Estates GmbH). Accord Estates GmbH exclusively uses this information to improve the attractiveness of its own websites.

4.4 Cookies – Facebook Conversion Tracking

When visiting a website of Accord Estates GmbH, one of its subsidiaries information may be stored on your computer in the form of cookies, so that you can be automatically identified once you visit the website again. Cookies enable the adjustment of a website to the customer’s interests or the storage of user data to avoid repeated entry of such data each time the user visits the website. In case you should not agree to this procedure, please adjust the settings in your internet browser, so that it will either delete cookies from your computer’s hard disk, or automatically block all cookies, or explicitely warn you once a cookie is about to be stored.

4.5 Data Privacy

The Internet is a publicly accessible system. The decision to disclose personal data online is always done at the user’s own risk. Data may be lost on the way or get into the hands of unauthorised third parties. Accord Estates GmbH therefore takes all necessary precautions to guarantee the security of personal data. Your data is conscientiously protected against loss, destruction, falsification, manipulation and unauthorised access or unauthorised disclosure.

4.6 Google Analytics

The website of Accord Estates GmbH uses Google Analytics, a web analysis service provided by Google Inc. (“Google”). Google Analytics uses so-called “cookies”, i.e. text files which are stored on your computer and enable the analysis of your usage of the website. The information gathered by the cookies (including your IP address) is transmitted to a server of Google Inc. in the United States and also stored. Google uses this information to evaluate your usage of the website. Additionally, Google compiles reports about the website activities for the website operators and offers further services in connection with the website`s usage. Also, Google may transmit this information to third parties when required by law or whenever third parties process data on behalf of Google. Thereby, Google never links your IP address to other data stored by them. In case you should not agree to this procedure, you can prevent the installation of cookies by adjusting the corresponding settings in your browser software. However, it must be noted that in such case, you may not be able to use all functions of the website properly. By visiting the website of Accord Estates GmbH, you automatically agree to the processing of the data gathered by Google in the way described and the purposes mentioned above.

4.7 Liability

Accord Estates GmbH does not make any statement regarding the suitability of the information presented on the websites. The information is provided to the user “as is” and without any warranty irrespective of legal basis. The information provided on the websites is not considered an offer in the legal sense. Accord Estates GmbH therefore reserves the right to supplement the websites of Accord Estates GmbH at any time and to change or delete information accordingly. Furthermore, Accord Estates GmbH assumes no warranty that information, software or other materials (“Download”) obtained via the websites of Accord Estates GmbH is free from viruses or harmful components. Any claim for damages against Accord Estates GmbH in connection with the information provided on the website, in particular from positive violation of a contractual duty, breach of a duty in contract negotiations or in tort, are ruled out, irrespective of legal basis.  This does not apply in cases of mandatory liability such as under the product liability act, and in cases of wilful intent, gross negligence, lack of warranted quality or breach of material contractual obligation. However, any damages for breach of material contractual obligation are limited to the foreseeable damage typical of the contract, except in cases of wilful intent or gross negligence. The provisions above do not entail a change to the burden of proof to the detriment of the user.

4.8 Liability for Links

The websites of Accord Estates GmbH may contain links to websites of third parties which are not operated by Accord Estates GmbH. Such external websites contain information provided by natural and/or juristic persons who are legally distinct from Accord Estates GmbH. Accord Estates GmbH explicitely is not responsible for the contents of these websites, and linking to these external websites does not equate the approval, support or confirmation of the information contained on these websites. External brands which are explicitely mentioned on the websites of Accord Estates GmbH are the product, company or brand names of their respective owners. All rights not expressly granted to the user remain reserved to the respective owner. Copyright users of the website of Accord Estates GmbH are entitled to use, copy and process the documents, graphics etc. available on these websites without change, provided the copyright of Accord Estates GmbH is indicated on any piece of such information, the information is exclusively used for informing the users, the information is used for non-commercial purposes only, no part of the information available is changed, and none of the graphics available on the websites are used, copied or processed in a way detached from the complete associated text.

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  5 Anti Money Laundering Provisions (Geldwäschegesetz, GWG)
  
  

Accord Estates GmbH, Gormannstraße 21, D-10119 Berlin has implemented safeguards to combat money laundering, the financing of terrorism and other punishable acts within the meaning of §25h of the German Banking Act (Kreditwesengesetz, KWG). According to the Money Laundering Act (GWG), the Accord Estates GmbH is obliged to verify the identity of persons, whether natural or legal, whenever establishing a business. This also applies to the source of funds from which transactions with Accord Estates GmbH are financed. Since Accord Estates GmbH does not hold direct contact with the purchaser(s) of its apartment units, and since the point of direct contact are always Accord Estates GmbH ´s agents, Accord Estates GmbH requires all of its brokers, without fail and in respect of each and every prospective or actual property transaction, as well as in any event before the date on which the purchase agreement is signed, to: