General terms and conditions B&B For Sale
Introduction
The following general terms and conditions apply to any Advertisement agreement between an Advertiser and the Company. Articles 1, 2, and 3a are also relevant and applicable to Visitors of the Platform.
Definitions
In these terms and conditions, the following terms shall have the following meanings:
- Advertiser: The person who enters into an Advertisement agreement with the Company by registering as a seller or broker on the Platform.
- Advertisement: The Advertiser’s expression with which an Object is presented.
- Advertisement Agreement: The agreement between the Advertiser and the Company, in which the Advertiser is obliged to purchase the Service, and the Company is obliged to make the Service available.
- Advertisement Space: The agreed space that is available for the Advertiser’s Advertisement.
- Visitors: The public that visits the Platform to view Advertisements and other pages.
- Advertisement Content or Content: Images, photos, texts, videos, features, and other data that the Advertiser places or has placed for their Advertisement on the Platform.
- Service: The service to be provided by the Company consists of an account with Advertisement Space, which can be used to present an Object.
- Interested party: The Visitor who registers as an “Interested party” on the Platform is referred to as an “Interested party.”
- Object: The (un)movable property that is presented by the Advertiser through the Advertisement, including a cadastral object. An Object always concerns a maximum of one address.
- Object Agreement: The agreement that may arise outside the Platform between the Advertiser and the Visitor concerning the purchase, sale, rental, and leasing of movable or immovable property.
- Company: The Company concerns the sole proprietorship B&B Reservations, also operating under the name B&B For Sale. Registered office: Zuiderkuipen 7, 9711HR, Groningen, Netherlands (no visiting address). Contact via info@benb-tekoop.nl. VAT number: NL002221721B67, Chamber of Commerce number: 50704834.
- Platform: The communication medium used by the Company for the transmission of the Advertisement to Visitors and other audiences.
- Conditions: These general terms and conditions.
Article 1: Advertisement and exclusion of liability
All content of the Advertisements originates from the Advertisers. Advertisers are at all times responsible and liable for the content of the advertisements. The Company bears no responsibility for the content of the Advertisements offered by Advertisers. Advertisements may contain errors.
Our website also shows Advertisements with texts that are automatically translated by the Advertiser or the Company. Therefore, Advertisements may also contain errors. Advertisements on the Platform should not be considered a sales brochure. Visitors are advised to request and/or verify all relevant information about the Advertisements and Objects in writing from the local government, public registers, and the Advertiser.
The Company expressly does not fulfill a mediating, advisory, or other role regarding the purchase, sale, rental, or leasing of Objects. The Company should only be regarded as a digital bulletin board, promotional, and marketing channel, creating the possibility to bring Advertisers and Visitors into contact with each other. The Company is never a party to (the formation of) the Object Agreement that may arise from such contact.
For the aforementioned reasons, the Company also accepts no liability for any damages resulting from the use of our Platform and hereby excludes this liability.
Article 2: Rights of third parties, indemnification, and (limitation of) liability
The advertiser shall not place or submit any Content (including photos and texts) in their advertisement on the Platform that infringes on any third partyrights, unless they have obtained the express written permission of the right holder.
The advertiser indemnifies the Company against any and all possible claims from third parties related to their advertisement and any Object Agreement that the advertiser may enter into with Platform visitors. These third parties also include right holders with respect to the Advertisement content.
Liability for attributable shortcomings by the Company is excluded but, in case this would be unreasonable, it is limited to the amount that the advertiser has paid to the Company or, if this is also unreasonable, to an amount of € 200.
No right to compensation arises until the Company is in default, after the advertiser has given the Company notice of default and allowed for a reasonable period (of at least two weeks) to deliver or resume the agreed service. The advertiser chooses this route if their claim is related to the Advertisement Agreement, even if the advertiser could also base their claim on an unlawful act.
Article 2a: Licensing of Advertisement Content
The advertiser remains the owner of all Advertisement Content (including photos and texts) that they place or have placed on the Platform. The advertiser grants the Company a license to use all Advertisement Content that they have placed or provided. This is to promote the Objects placed on the Platform through the Company’s channels and third-party channels. The license is a non-exclusive, transferable, sublicensable, royalty-free, worldwide, and perpetual license to use and distribute the placed Advertisement Content without limit.
The term “sublicensable” means that the license granted by the advertiser to the Company can be passed on to third parties. The advertiser gives their consent and authorization by registering on the Platform. The Company is free to choose which channels to use to promote Advertisements using the advertiser’s Advertisement Content. Given that Facebook and Instagram are regular promotion channels used by the Company, the advertiser consents and authorizes the license with respect to their Advertisement Content to be passed on to Facebook and Instagram in accordance with the terms of use of Facebook and Instagram(click on the hyperlinks and read these terms of use before accepting our Terms).
Article 3: Advertisement Agreement, Right of Withdrawal, Package Choice, Payment Term and Termination
An Advertisement Agreement is created when an Advertiser registers on the Platform as a Broker or Seller.
The Platform is aimed at commercial Advertisers, which means Brokers or Sellers who want to sell a business (in part). Therefore, the Advertiser who registers is not entitled to a right of withdrawal.
Within 24 hours of registration, the Advertiser chooses a package of their choice. This can be a subscription that is automatically renewed periodically, or the one-time package “unlimited online”. If the Advertiser does not choose a package (in time), they are obliged to pay the periodic rate of the “Flexible” package to the Company at least once.
By registering, the Advertiser gains immediate access to their Account and the right to place an Advertisement on their Account (in their Advertisement space). The Advertiser is solely responsible for placing or not placing an Advertisement. Therefore, the payment obligation still exists even if the Advertiser does not place an Advertisement. During the subscription period, the Advertiser may remove and repost their Advertisement. Deleting an Advertisement is not considered a termination..
The Advertiser may terminate by sending an email to info@benb-tekoop.nl.
The payment term is 8 days after registration.
The Company is entitled to remove an Advertisement and terminate the agreement if the Advertiser does not comply with the agreement or the Terms and Conditions. This does not release the Advertiser from their payment obligation and does not entitle them to a refund.
Article 3a: Privacy
Our Privacy Policy and Cookie Policy (EU) are also part of these Terms and Conditions for Advertisers and Interested Parties. By creating an account, the Advertiser and Interested Party agree to this. Additionally, for Advertisers and Interested Parties, registration implies consent to the publication of their name, username, telephone number, and email address on the Platform. This is primarily to provide transparency to all users of the Platform.
Article 4: Advertising space, unique text, and other formal requirements
The Advertiser is obligated to include unique/new text in their Advertisement. Texts that can already be found elsewhere on the internet (on their own website, Funda, etc.) may not be posted. This is necessary to maintain our high position in Google.
The title of the advertisement may only contain capital letters if it is grammatically correct. For example, the first letter and place names may be written with one capital letter.
The Advertising space made available to the Advertiser consists of space to fill in fixed characteristics, place a text of up to 250 words, place fifteen photos, and place one PDF. The Advertiser may upload a total of up to 20 MB, or 20,000 KB. The Advertiser must first compress their files themselves or have them compressed by a third party (many users use: compressjpeg.com) before uploading them to their Advertising space.
If the Advertiser does not comply with these conditions, their text, entire advertisement, and the right to place an advertisement may be removed and/or withdrawn. This does not release the Advertiser from their obligation to pay.
The Company is also allowed to make changes to titles and texts to improve readability. These changes can include, among other things, replacing capital letters with lowercase letters, changing from a passive to an active voice, ensuring relatively short sentences and paragraphs, and using transitional words, all to improve readability, without altering the meaning of the content.
Article 5: Modification of services and terms and conditions
The Platform is always evolving with the aim of increasing the reach for Advertisers. The Company will continuously make changes to its Platform/website(s), which may include changing and/or expanding the domain names on which the Platform/website(s) of the Company are found.
These Terms and Conditions will be amended from time to time. Changes will be announced at least 30 days prior to their entry into force. The Advertiser will then have the right to object to one or more changes by email within 10 days. If this happens, the Company will notify the Advertiser within 10 days whether it is willing to exempt the Advertiser from the change(s). Once the Company informs the Advertiser that it is not willing to do so, the Advertiser has the right to terminate the agreement during the 10-day period (meaning without observing a notice period). Any prepaid costs will be refunded in proportion to the part of the prepaid period that has not yet elapsed. Since it cannot be determined which part of the period has elapsed at the time of such termination for an “unlimited” advertisement, this “unlimited” period is deemed to cover nine months for this situation.
Article 6: Applicable law and disputes
Dutch law shall exclusively apply to all agreements to which these terms and conditions apply. Disputes arising from these agreements and which cannot be resolved amicably shall be settled exclusively by the competent court of the District Court of Northern Netherlands, location Groningen, the Netherlands.
If a provision of these terms and conditions is void, voidable or unenforceable, it shall not affect the other provisions of these terms and conditions, and (as a rule by the Company) a non-null and enforceable provision shall be formulated, which is as close as possible in meaning to the original provision. This new provision shall then replace the null or unenforceable provision.
In case this agreement is made in a language other than Dutch, the Dutch version shall prevail in case of a difference in interpretation.