General terms and conditions for private customers for our online shop with customer information and right of withdrawal
General Terms and Conditions for Corporate Customers
- Scope
2. Offers and service descriptions
3. Ordering process and conclusion of contract
4. Prices and shipping costs
5. Delivery, remuneration, obligations of the client
6. Contract duration, termination, cancellation
7. Terms of payment, retention of title
8. Liability
9. Right of retention - Storage of the contract text, data protection and confidentiality
- Final provisions
Right of withdrawal
- Scope
1.1. The following General Terms and Conditions, in the version valid at the time of the order, apply exclusively to the business relationship between PROGEDO relocation GmbH & Co. KG, Johannstrasse 37, 40476 Düsseldorf, Email: info@progedo.de, Telephone: +49(0)8007764336 (hereinafter "Seller") and the private customer (hereinafter "Customer"). Corporate customers click here for the General Terms and Conditions for Corporate Customers.
1.2. You can contact our customer service for questions, complaints and objections on weekdays from 9:00 a.m. to 6:00 p.m. at the above telephone number and the above email address.
1.3. A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for a purpose that can predominantly be attributed neither to their commercial nor to their independent professional activity (Section 13 of the German Civil Code).
1.4. Deviating terms and conditions of the customer will not be recognized unless the seller expressly agrees to their validity.
- Offers and service descriptions
The presentation of products and services in the online shop does not constitute a legally binding offer, but rather an invitation to place an order. Service descriptions on the seller's websites do not constitute a warranty or guarantee.
All offers are valid "while stocks last," unless otherwise stated for the products and services. Errors and omissions excepted.
In the case of legal transactions that may trigger legal obligations, in particular payment or liability obligations of the client or the service recipient towards third parties, PROGEDO will only act if expressly commissioned by the client.
Not included are consultations on immigration matters and legal, tax, and insurance advice, particularly pursuant to the Legal Services Act. Upon the client's request, PROGEDO may outsource these services to external consultants who have the necessary authorization, at the client's expense.
PROGEDO operates as an independent company for the client. PROGEDO may engage independent third parties or its own employees or staff to fulfill the contract.
- Ordering process and conclusion of contract
3.1. The customer can select products and services from the seller's range without obligation and collect them in a so-called shopping cart by clicking the [Add to Cart] button. Within the shopping cart, the product and service selection can be changed, for example, deleted. The customer can then proceed to complete the ordering process within the shopping cart by clicking the [Continue to Checkout] button.
3.2. By clicking the [Order with payment] button, the customer submits a binding request to purchase the products and services in the shopping cart. Before submitting the order, the customer can change and review the data at any time, return to the shopping cart using the browser's "back" function, or cancel the order process entirely. Required information is marked with an asterisk (*).
3.3. The seller will then send the customer an automatic confirmation of receipt via email, which lists the customer's order again and which the customer can print using the "Print" function (order confirmation). The automatic confirmation of receipt merely documents that the customer's order has been received by the seller and does not constitute acceptance of the order. The purchase contract is only concluded when the seller sends an order confirmation to the customer within two days.
3.4. If the Seller allows payment in advance, the contract is concluded upon the provision of the bank details and the payment request. If payment is not received by the Seller within 10 calendar days of the order confirmation being sent, even after a renewed request, the Seller will withdraw from the contract, with the result that the order is void and the Seller is not obligated to deliver. The order is then completed without further consequences for both the Buyer and the Seller. Therefore, a reservation of the product or service for advance payments is limited to a maximum of 10 calendar days.
- Prices
4.1. All prices quoted on the Seller's website for private individuals include the applicable statutory value added tax, which will be shown separately.
4.2. All prices stated on the Seller's website for business customers are exclusive of the applicable statutory value-added tax.
- Delivery, remuneration, obligations of the client
5.2. PROGEDO's claim to remuneration shall exist independently of any further commission claims asserted against the Client by third parties. This applies in particular to claims arising from the Client's own activities.
5.3. For all services provided by PROGEDO that involve assistance in the search for a property, the following applies: From the time the order is placed, the client shall inform PROGEDO of all other efforts related to the property search and coordinate them with PROGEDO.
5.4. In general, the client undertakes to attend appointments on time or to cancel them with reasonable advance notice.
5.5. The Client undertakes to obtain all documents, powers of attorney and information necessary for the performance of the contract by PROGEDO at its own expense and to make them available to PROGEDO in a timely and complete manner.
- Contract duration, termination, cancellation
6.1. The term of the contract is determined by the order placement. The client may terminate the contract at any time without notice. PROGEDO may only terminate the contract for good cause. A good cause justifying termination for PROGEDO exists, in particular, if the client violates its obligations set forth in Section 5.3 and thereby makes the execution of the order impossible or significantly more difficult.
6.2. Should the delivery of the product/performance of the service fail due to the Buyer's fault despite three attempts, the Seller may withdraw from the contract. Any payments made will be refunded to the Customer immediately.
6.3. In case of premature termination of the contract, PROGEDO may demand compensation based on the progress of the work in the following amount:
For complete packages: 30% of the agreed total fee after commencing work with the client, but before the property search begins; 50% of the agreed total fee after commencing the property search, but before signing the rental agreement; and 80% of the agreed total fee after signing the rental agreement. Individual services already fully provided at the time of termination will also be billed in full.
If PROGEDO is commissioned exclusively with the property search, 801% of the agreed total fee is due from the 4th viewing, or 1001% of the agreed total fee from the 6th viewing. If the search is successful, 1001% of the agreed total fee is due in any case, regardless of the number of properties viewed.
For all other services, the following due dates apply: 30% of the agreed amount for each booked individual service before the start of the activity, 50% of the agreed amount for each booked individual service after the start of the activity, and 100% of the agreed amount for each booked individual service after the completion of the activity.
6.4 If the ordered product/service is not available because the Seller is not supplied with this product/service by its supplier through no fault of its own, the Seller may withdraw from the contract. In this case, the Seller will inform the Customer immediately and, if necessary, propose the delivery of a comparable product. If no comparable product is available or the Customer does not wish to receive a comparable product, the Seller will promptly reimburse the Customer for any consideration already provided.
- Terms of payment, retention of title
7.1. The customer can choose from the available payment methods during and before completing the order process. Customers will be informed about the available payment methods on a separate information page.
7.2. If payment by invoice is possible, payment must be made within 30 days of receipt of the invoice. For all other payment methods, payment must be made in advance without deduction.
7.3. If third parties are commissioned to process payments, e.g. Paypal, their general terms and conditions apply.
7.4. If the payment is due according to the calendar date, the customer shall be in default simply by missing the due date. In this case, the customer shall pay statutory default interest.
7.5. The Customer's obligation to pay default interest does not exclude the Seller's right to claim further damages caused by default.
7.6. The customer is only entitled to a right of set-off if his counterclaims have been legally established or recognized by the seller. The customer may only exercise a right of retention if the claims arise from the same contractual relationship.
7.7 Until full payment, the delivered products remain Were the property of the seller.
- Liability
8.1. The following exclusions and limitations of liability shall apply to the Seller's liability for damages, without prejudice to any other statutory requirements for claims.
8.2 The Seller shall be liable without limitation if the cause of the damage is based on intent or gross negligence.
8.3. Furthermore, the Seller shall be liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the Customer regularly relies. In this case, however, the Seller shall only be liable for foreseeable, contract-typical damages. The Seller shall not be liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
8.4. The above limitations of liability do not apply in cases of injury to life, body, or health, for defects after a guarantee has been given regarding the quality of the product, or for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
8.5 To the extent that the Seller's liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.
8.6. Liability for services provided by third parties who are not vicarious agents of PROGEDO is excluded. Third-party information is provided to the best of PROGEDO's knowledge and belief. PROGEDO assumes no liability for the accuracy of this information. To the extent that PROGEDO is liable, this liability is limited to the agreed contract amount and to such damages as are typically to be expected within the scope of this contract. Translations or oral interpretations into other languages are not part of the contractual scope of services. If PROGEDO nevertheless undertakes such interpretations at the client's request, PROGEDO is not liable for their accuracy.
8.7. Documents provided by PROGEDO to the client, its employees, or other authorized persons (especially real estate exposés) may not be passed on to third parties without our express written permission. In particular, the purchase or rental of a property is conducted exclusively through the person who originally provided the documents. The client is liable to PROGEDO for the appropriate use of the information material.
- Right of retention
The assertion of a right of retention pursuant to Sections 273 and 320 of the German Civil Code (BGB) by the client is excluded. The client may only offset undisputed or legally established claims.
- Storage of the contract text, data protection and confidentiality
10.1. The Customer may print the contract text before submitting the order to the Seller by using the print function of his browser in the last step of the order process.
10.2. The seller will also send the customer an order confirmation containing all order details to the email address provided by the customer. With the order confirmation, but no later than upon delivery of the product and services, the customer will also receive a copy of the General Terms and Conditions, including the cancellation policy and the delivery and payment conditions. If you have registered in our shop, you can view your placed orders in your profile area. We also save the contract text, but do not make it available online.
10.3. PROGEDO treats the client's data and information confidentially. PROGEDO uses personal data of the client, the service recipient, and their relatives exclusively for the contractually agreed purpose. These obligations extend beyond the termination of the contract.
10.4. PROGEDO treats customers' personal data confidentially and in accordance with statutory data protection regulations. Data will not be shared without express consent, or will only be shared as necessary to process the contract, for example, to the financial institution responsible for the payment. PROGEDO's privacy policy is an integral part of these General Terms and Conditions.
- Final provisions
11.1. The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods, unless this choice of law deprives a consumer of mandatory consumer protection standards.
11.2. The place of jurisdiction and performance shall be the registered office of the Seller if the Customer is a merchant, a legal entity under public law, or a special fund under public law. This also applies if the Customer is not resident within the European Union.
11.3 If any provision of this Agreement is or becomes invalid or unenforceable, the remaining provisions of this Agreement shall remain unaffected.
11.4. The contract language is German.
11.5. European Commission platform for online dispute resolution (ODR) for consumers: http://ec.europa.eu/consumers/odr/We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
Right of withdrawal
Cancellation policy for consumers for a contract where the products or services are delivered in a single delivery
Cancellation policy
A consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period shall be fourteen days from the date on which you or a third party designated by you received the order confirmation. To exercise your right of withdrawal, you must notify us, PROGEDO relocation GmbH & Co. KG, Johannstrasse 37, 40476 Düsseldorf, Email: info@progedo.de, Telephone: +49(0)8007764336, of your decision to withdraw from this contract by means of an unambiguous declaration (e.g. a letter sent by post, fax or e-mail). You may use the attached sample withdrawal form for this purpose, but this is not mandatory. To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of revocation
If you cancel this contract, we will refund all payments we have received from you promptly and at the latest within fourteen days from the date on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this refund.
Sample cancellation form
(If you wish to cancel the contract, please fill out this form and return it.)
– To PROGEDO relocation GmbH & Co. KG, Johannstrasse 37, 40476 Düsseldorf, Email: info@progedo.de, Telephone: +49(0)8007764336:
– I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following products (*)/the provision of the following service (*)
– Ordered on (*)/received on (*)
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only if notification is made on paper)
- Date
—————————————
(*) Delete as appropriate.
Exclusion or premature expiry of the right of withdrawal
The client expressly waives his statutory right of withdrawal if PROGEDO has demonstrably already begun performing the work at his request. In this case, the client undertakes to pay PROGEDO a fee in accordance with Section 5.3 of these General Terms and Conditions.
The right of withdrawal expires prematurely in the case of contracts in which PROGEDO has provided a service by sending products consisting of information packages.
Cancellation policy for consumers for a contract for several goods that the consumer has ordered as part of a single order and that are delivered separately
Cancellation policy
A consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period shall be fourteen days from the date on which you or a third party designated by you received the order confirmation. To exercise your right of withdrawal, you must notify us, PROGEDO relocation GmbH & Co. KG, Johannstrasse 37, 40476 Düsseldorf, Email: info@progedo.de, Telephone: +49(0)8007764336, of your decision to withdraw from this contract by means of an unambiguous declaration (e.g. a letter sent by post, fax or e-mail). You may use the attached sample withdrawal form for this purpose, but this is not mandatory. To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of revocation
If you cancel this contract, we will refund all payments we have received from you promptly and at the latest within fourteen days from the date on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this refund.
Sample cancellation form
(If you wish to cancel the contract, please fill out this form and return it.)
– To PROGEDO relocation GmbH & Co. KG, Johannstrasse 37, 40476 Düsseldorf, Email: info@progedo.de, Telephone: +49(0)8007764336:
– I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following products (*)/the provision of the following service (*)
– Ordered on (*)/received on (*)
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only if notification is made on paper)
- Date
—————————————
(*) Delete as appropriate.
Exclusion or premature expiry of the right of withdrawal
The client expressly waives his statutory right of withdrawal if PROGEDO has demonstrably already begun performing the work at his request. In this case, the client undertakes to pay PROGEDO a fee in accordance with Section 5.3 of these General Terms and Conditions.
The right of withdrawal expires prematurely in the case of contracts in which PROGEDO has provided a service by sending products consisting of information packages.
Cancellation policy for consumers for a contract for the delivery of goods in several parts or pieces
Cancellation policy
A consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period shall be fourteen days from the date on which you or a third party designated by you received the order confirmation. To exercise your right of withdrawal, you must notify us, PROGEDO relocation GmbH & Co. KG, Johannstrasse 37, 40476 Düsseldorf, Email: info@progedo.de, Telephone: +49(0)8007764336, of your decision to withdraw from this contract by means of an unambiguous declaration (e.g. a letter sent by post, fax or e-mail). You may use the attached sample withdrawal form for this purpose, but this is not mandatory. To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of revocation
If you cancel this contract, we will refund all payments we have received from you promptly and at the latest within fourteen days from the date on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this refund.
Sample cancellation form
(If you wish to cancel the contract, please fill out this form and return it.)
– To PROGEDO relocation GmbH & Co. KG, Johannstrasse 37, 40476 Düsseldorf, Email: info@progedo.de, Telephone: +49(0)8007764336:
– I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following products (*)/the provision of the following service (*)
– Ordered on (*)/received on (*)
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only if notification is made on paper)
- Date
—————————————
(*) Delete as appropriate.
Exclusion or premature expiry of the right of withdrawal
The client expressly waives his statutory right of withdrawal if PROGEDO has demonstrably already begun performing the work at his request. In this case, the client undertakes to pay PROGEDO a fee in accordance with Section 5.3 of these General Terms and Conditions.
The right of withdrawal expires prematurely in the case of contracts in which PROGEDO has provided a service by sending products consisting of information packages.
Cancellation policy for consumers for a contract for the regular delivery of products or services over a specified period
Cancellation policy
A consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period shall be fourteen days from the date on which you or a third party designated by you received the order confirmation. To exercise your right of withdrawal, you must notify us, PROGEDO relocation GmbH & Co. KG, Johannstrasse 37, 40476 Düsseldorf, Email: info@progedo.de, Telephone: +49(0)8007764336, of your decision to withdraw from this contract by means of an unambiguous declaration (e.g. a letter sent by post, fax or e-mail). You may use the attached sample withdrawal form for this purpose, but this is not mandatory. To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of revocation
If you cancel this contract, we will refund all payments we have received from you promptly and at the latest within fourteen days from the date on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this refund.
Sample cancellation form
(If you wish to cancel the contract, please fill out this form and return it.)
– To PROGEDO relocation GmbH & Co. KG, Johannstrasse 37, 40476 Düsseldorf, Email: info@progedo.de, Telephone: +49(0)8007764336:
– I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following products (*)/the provision of the following service (*)
– Ordered on (*)/received on (*)
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only if notification is made on paper)
- Date
—————————————
(*) Delete as appropriate.
Exclusion or premature expiry of the right of withdrawal
The client expressly waives his statutory right of withdrawal if PROGEDO has demonstrably already begun performing the work at his request. In this case, the client undertakes to pay PROGEDO a fee in accordance with Section 5.3 of these General Terms and Conditions.
The right of withdrawal expires prematurely in the case of contracts in which PROGEDO has provided a service by sending products consisting of information packages.
Cancellation policy for a contract for the delivery of digital content that is not delivered on a physical data carrier
Cancellation policy
A consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period shall be fourteen days from the date on which you or a third party designated by you received the order confirmation. To exercise your right of withdrawal, you must notify us, PROGEDO relocation GmbH & Co. KG, Johannstrasse 37, 40476 Düsseldorf, Email: info@progedo.de, Telephone: +49(0)8007764336, of your decision to withdraw from this contract by means of an unambiguous declaration (e.g. a letter sent by post, fax or e-mail). You may use the attached sample withdrawal form for this purpose, but this is not mandatory. To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of revocation
If you cancel this contract, we will refund all payments we have received from you promptly and at the latest within fourteen days from the date on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this refund.
Sample cancellation form
(If you wish to cancel the contract, please fill out this form and return it.)
– To PROGEDO relocation GmbH & Co. KG, Johannstrasse 37, 40476 Düsseldorf, Email: info@progedo.de, Telephone: +49(0)8007764336:
– I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following products (*)/the provision of the following service (*)
– Ordered on (*)/received on (*)
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only if notification is made on paper)
- Date
—————————————
(*) Delete as appropriate.
Exclusion or premature expiry of the right of withdrawal
The right of withdrawal does not apply to contracts for the supply of digital content which is not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which is clearly tailored to the personal needs of the consumer.
The right of withdrawal expires prematurely if we have only begun to execute the contract after you have given your express consent and simultaneously confirmed your knowledge that you will lose your right of withdrawal upon our commencement of contract fulfillment. We point out that we may make the conclusion of the contract dependent on the aforementioned consent and confirmation.