TERMS AND CONDITIONS
trading companies
FPI Group s.r.o.
with registered office at Korunní 2569/108g, 10100 Prague 1 - Vinohrady,
identification number: 19790376
registered in the commercial register kept at the Municipal Court in Prague, section C, insert 391668,
(hereinafter referred to as "RK")
I. INTRODUCTORY PROVISIONS
1. In accordance with § 1751 paragraph 1 of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code"), these terms and conditions regulate the mutual rights and obligations of the contracting parties arising from cooperation between RK and the customer, i.e. especially when concluding the Mediation Agreement.
2. Provisions deviating from the terms and conditions can be negotiated in the Mediation Agreement between RK and the customer. Deviating provisions in the Mediation Agreement take precedence over the provisions of the terms and conditions.
3. Unless otherwise stated in these terms and conditions, the terms used here have the following meaning:
- Real estate activity means the purchase of real estate for the purpose of their resale, the sale of real estate, the mediation of the purchase, sale and rental of real estate, apartments and non-residential premises, as well as the mediation of the transfer of a cooperative share in a housing cooperative.
- A real estate broker means a natural person independently engaged in real estate business, who is in a contractual relationship with RK, on the basis of which he is authorized and obliged to use the system managed by RK.
- Brokerage contract means a written contract for the provision of real estate services concluded between RK and the customer.
- A customer is any natural or legal person that RK provides real estate services for a fee based on the Intermediary Agreement. The customer is not the other party to the mediated contract, i.e. the person who was sought out as part of the provision of RK's real estate services.
II. SERVICES OF RK
1. RK provides the following standard services to the customer:
- real estate inspection and purchase price/rent recommendation;
- advertising on real estate advertising portals
- development of a marketing strategy for the promotion of real estate, including placement of advertising tarpaulins, advertising in print and other media, etc.;
- procuring an extract from the real estate cadastre and a copy or original of the cadastral map (only when selling real estate);
- arranging real estate tours with interested parties;
- conclusion of an agreement on the deposit of a blocking deposit with the buyer and acceptance of the blocking deposit up to a maximum of the brokerage commission, organizational support during negotiations between the contracting parties necessary for the conclusion of the escrow agreement, or contracts on future purchase contracts and purchase contracts and contracts on the transfer of a cooperative share in a housing cooperative (only for the sale of real estate);
- in the case of the sale of real estate, ensuring the preparation of standard contractual documentation necessary for the implementation of the transaction (i.e. contract on the future purchase contract, purchase contract, proposal for the deposit of ownership rights in the real estate cadastre, agreement on the transfer of a cooperative share in a housing cooperative), including ensuring the safekeeping of funds with a lawyer offices (custody of funds with other entities is not part of standard RK services and is fully paid for by the customer);
- in the case of real estate lease, ensuring the preparation of a standard lease or sublease agreement;
- the organization of the signing of contractual documentation (in the case of real estate sales, including verification of signatures);
- submission of a proposal for the deposit of the ownership right to the real estate, including securing the payment of the administrative fee (only for the sale of the real estate);
- handover of real estate, including meter reading and preparation of the handover protocol;
III. COMPLAINT
- RK real estate brokers are obliged to provide customers with objective information about the condition of real estate, apartments and non-residential premises, but at the same time, they are not responsible for damage that occurs in the event that the customer has withheld or provided false information regarding the condition of the property. Customers note that in the case of a real estate transaction, a detailed review of the property's condition by an independent expert is recommended.
- If the customer finds the services provided by RK to be unsatisfactory, or if he has other reservations regarding the execution of the business case, he is entitled to apply these reservations (hereinafter referred to as "complaints") at the RK office or to the email address info@fpigroup.cz.
- The complaint will be dealt with by RK without unnecessary delay, no later than 5 working days from the date of application of the complaint, unless RK and the customer agree otherwise in writing.
- The RK can recognize the complaint as justified or reject it as unjustified.
- If the RK recognizes the complaint as justified, it will carry out actions to eliminate the undesirable condition. The removal of an undesirable condition may also consist in providing compensation to the customer. Reimbursement means, in particular, a reasonable discount on the real estate services provided.
- If RK rejects the claim as unjustified, it informs the customer immediately.
IV. FURTHER ARRANGEMENTS
- RK is obliged to have professional liability insurance for damage for the entire period of provision of real estate services in accordance with RK's internal regulations.
- Pursuant to Act No. 253/2008 Coll., on measures against the legalization of proceeds from criminal activity and the financing of terrorism, as amended, the RK is an obligated person and as such has the obligation to carry out customer identification and retain identification data for the period specified by law.
- If there is a dispute between RK and the customer - the consumer, the customer has the right to an out-of-court solution. A proposal for an out-of-court settlement of a dispute pursuant to Act No. 634/1992 Coll., on consumer protection, shall be submitted to the Czech Trade Inspection. All details on the out-of-court settlement can be found on the website of the Czech Trade Inspection www.coi.cz.
- The protection of the customer's personal data is regulated in the Terms of protection of personal data.
- The customer agrees to the storage of so-called cookies on his computer. Cookies are regulated in the Terms of use of cookies.
- The customer - consumer has the right to withdraw from the Intermediation Agreement without giving a reason and without any contractual penalty within 14 days from the date of conclusion of this Intermediation Agreement. For the purposes of exercising the right to withdraw from the Intermediary Agreement, the customer is obliged to inform RK of his withdrawal by e-mail sent to the address Vrchlického 336, 50601 Jičín no later than the last day of the withdrawal period. For a proper withdrawal, the customer must state his name and surname, date of birth and place of residence and his will to withdraw from the Intermediary Agreement. Withdrawal from the Intermediary Agreement is effective against RK at the moment of delivery of the notice of withdrawal to RK. RK will confirm its receipt to the customer without undue delay by e-mail. The Customer does not have the right to withdraw from the Intermediary Agreement if RK provided the Customer with services at his express request before the expiry of the withdrawal period.
- The offers contained on the fpigroup.cz website are of an informative nature only. RK's advertisement is not an offer in the sense of § 1731 or § 1732 of the Civil Code, nor is it a public promise according to § 1733 of the Civil Code. This indicative offer does not give rise to the right to conclude an Intermediary Agreement.
V. FINAL PROVISIONS
- In the event that any provision of the Mediation Agreement or these terms and conditions are invalid or ineffective for any reason, this fact does not render the other parts of the Mediation Agreement or the merchant terms invalid or ineffective.
- RK reserves the right to change these terms and conditions even without the customer's prior consent, by publishing their latest new and complete version on its website. With such publication, the new wording of the terms and conditions will enter into force and effect, unless a later date is specified in the terms and conditions. Notice of the fact that the terms and conditions have changed will be published on the RK website for at least 30 days from the day the new version of the terms and conditions enters into force and effect.
GTC - The companies are located here: www.fpigroup.eu/vseobecne-obchodni-podminky.
In Prague, on 6 December 2023