General terms and conditions

1. Terms

1.1. In these general terms and conditions, the following definitions shall apply:

1.1.1. Globelander: Karinhuis Verkoopexpert Academie B.V. (hereinafter Globelander) is a company that brings together supply and demand of Real Estate on its Platform.

1.1.2. Third parties: any other person (legal entity), not being Globelander or User.

1.1.3. Platform: all possible online and offline applications, websites and services to be provided/made available by Globelander, including (but not limited to) the platform www.globelander.com.

1.1.4. Usage profile: the User's usage profile on the Platform in which the data provided by the User including - but not limited to - data relating to the Real Estate.

1.1.5. Real estate: immovable property within the meaning of Article 3:3(1) of the Civil Code. This article applies accordingly to immovable property located abroad.

1.1.6. User: the person who has taken out a Subscription with Globelander and actually wants to use or is using the Platform. User also means a Seller, Buyer.

1.1.7. Copper: Any natural and/or legal person intending to buy Real Estate from a Seller through the Platform. A Buyer is also always a User within the meaning of the Terms.

1.1.8. Seller: Any natural person or legal entity that owns the Real Estate and offers the Real Estate through the Platform of Globelander. A Seller is also always a User within the meaning of the Terms and Conditions.

1.1.9. Consumer: a User who is not acting for purposes related to his trade, business, craft or profession.

1.1.10. Agreement: the Agreement, being the entirety of agreements between Globelander and the User regarding the performance of work, deliveries and/or services through the Platform.

1.1.11. Subscription: Globelander's subscription giving you unlimited access to Globelander's subscription service.

1.1.12. Right of withdrawal: the possibility for the Consumer to waive the Agreement within the cooling-off period.

1.1.13. Reflection period: the period within which the Consumer can exercise his right of withdrawal.

 

2. Applicability of General Terms and Conditions

2.1. These general terms and conditions apply to all Contracts, offers and all products and services of Globelander unless otherwise specified.

2.2. By using the Platform and the services offered thereon, the User agrees to and is bound by these terms and conditions. If you do not agree to these terms and conditions, Globelander requests the User not to continue using the Platform.

2.3. Globelander is not bound by the general terms and conditions of Third Parties and/or User. The general terms and conditions of Third Parties and/or User are expressly rejected by Globelander.

2.4. Globelander may revise these General Terms and Conditions from time to time for various reasons such as a change in business operations, new, changed or expired products, services and/or functionalities, or a change in applicable laws and regulations. Globelander will inform the 2 User of the changes to the general terms and conditions in a timely manner. Globelander additionally advises the User to regularly visit this page to view the most up-to-date general terms and conditions.

2.5. Deviating clauses, (verbal) agreements, promises or arrangements only apply if and insofar as they have been expressly confirmed in writing by a representative of Globelander.

2.6. Cancellation or nullity of one or more of the provisions of these general terms and conditions will not affect the validity of the other clauses. In such a case, the User and Globelander are obliged to enter into mutual consultations in order to reach a replacement arrangement in respect of the clause affected. The purpose and purport of the original stipulation will be taken into account as much as possible.

2.7. If ambiguity exists regarding the interpretation of one or more provisions of these general terms and conditions or a situation arises that is not regulated in these general terms and conditions, the interpretation must take place in the spirit of these provisions.

2.8. If Globelander does not always require strict compliance with these general terms and conditions, this does not mean that the provisions thereof do not apply, or that Globelander would to any extent lose the right to require strict compliance with these general terms and conditions in other cases.

 

3. The Platform

3.1. Globelander is not to be considered a real estate agency. All content relating to Real Estate advertisements available on the Platform are provided by Users and are not controlled by Globelander. Therefore, Globelander cannot guarantee that images, descriptions and other details shown on any Real Estate advertisement are accurate and complete. It is also up to the User to verify that the Seller is actually the owner of the Real Estate and is entitled to proceed with the sale of the Real Estate.

3.2. On the Platform, a User may place an advertisement to offer Real Estate for sale or place a call to announce that the User is looking for Real Estate. Globelander may also offer on the Platform other tools and functionalities enabling the Users to communicate with each other and enter into a purchase agreement with each other in relation to the Real Estate.

3.3. An Agreement between Seller and Buyer is not entered into on Globelander's Platform. Globelander only offers a platform/ venue for Users to contact each other regarding the purchase and sale of Real Estate. Globelander does not become a contracting party in such cases, nor does it act as an intermediary and/or as Seller or Buyer. Complaints, recoveries and objections are not handled via Globelander's Platform. Globelander does not assume any liability with regard to the (purchase) agreement concluded between the Seller and Buyer.

3.4. To place an advertisement on the Platform, the User must comply with the requirements as defined by Globelander on the Platform.

3.5. An advertisement on the Platform will only display one (1) Real Estate.

3.6. Globelander strongly advises the User to check all data relating to the Real Estate with the contact person as stated on the page of the advertisement of the Real Estate, before the Buyer enters into an agreement with the Seller. If the User exclusively relies on the (data) descriptions on the Platform, the User acts at its own risk.

3.7. Globelander requires the Seller to verify the location of the Real Estate. This includes using information from Google Maps to accurately place the location of the Real Estate on the map and in regional searches. Seller accepts that access to Google Maps is provided under the terms of Google and that Globelander is not responsible for the operation or accuracy of Google Maps or otherwise.

3.8. Globelander reserves the right to reject any advertisement, which in the opinion of Globelander may be considered as a possible breach of any provision of these Terms and Conditions, or may be associated with such a breach.

3.9. The User undertakes to provide only accurate and up-to-date information in an advertisement on the Platform. Failure to comply with the obligations described in these general conditions may result in the permanent exclusion of the User from the Platform.

3.10. Globelander cannot guarantee that the Advertisement will appear in a specific order on the Platform. The order of search results on the Platform may vary according to the preferences and filters used by potential Buyers on the Platform.

 

4. Registration on the Platform

4.1. The user account is strictly personal and not transferable to Third Parties.

4.2. User must be at least 18 years of age and generally comply with applicable laws limiting the minimum age limit for using the Platform.

4.3. Registration of a User on the Platform is subject to an Agreement.

4.4. After registration, the User receives a User Profile in which the data provided by the User is registered and in which the data relating to the advertisement are stated.

4.5. The Platform and the User Profile provides various features intended to help the User manage advertisements on the Platform. These features and the User Profile itself are available on an "as is" basis and Globelander does not warrant that the Platform and the User Profile or its features are complete and error-free.

4.6. Through the User Profile, the User has the opportunity to communicate with other Users regarding, among other things, the Property offered.

4.7. Changes to the user data provided during registration must be communicated immediately, in particular changes of address and e-mail address.

4.8. Unless expressly agreed otherwise, the bank details of Users of the Platform shall be treated as confidential and communicated to the relevant financial institution only in case of purchases or payments from the User's account.

4.9. User authorises Globelander, if necessary, to pass on User's contact details to another User in connection with the purchase and/or sale of the Real Estate.

 

5. Usage rules and enforcement

5.1. A User must behave as befits a good user. In particular, the following rules apply in this article.

5.2. The User is responsible for understanding and complying with all laws, rules, regulations and contracts with Third Parties and/or other Users applicable to your listing and/or agreement(s) formed between Users. For example: some jurisdictions may prohibit you from selling or buying an Immovable Property yourself (without the involvement of a broker). Please check local rules to find out which laws and regulations apply. The information we provide regarding legal requirements is for informational purposes only, it is up to the User to check what 4 applies to him/her. The User is also solely responsible for handling, using and processing the personal data of other Users and/or Third Parties in accordance with applicable privacy laws. If a User has questions about local laws and regulations, Globelander strongly recommends seeking (local) legal advice.

5.3. A User shall provide correct and truthful information regarding his/her identity, the Real Estate and/or other notifications on the Platform. In addition, the User bears responsibility for ensuring that all information is correct and up-to-date as long as the advertisement is offered on the Platform and/or the User uses the Platform.

5.4. The User bears responsibility for ensuring that an advertisement does not infringe the laws and/or rights of any person and/or entity. An advertisement must not contain false information, personal insults, defamatory statements and/or infringements of intellectual property rights and/or privacy laws.

5.5. A User may not post references or hyperlinks to websites outside the Platform in the context of offers. Seller may not in any sense post references and/or advertising for an estate agency on the Platform.

5.6. A Seller may only offer Real Estate on the Platform if the Seller is the owner of the Real Estate. Globelander may carry out identity checks and request evidence to establish the existence of Real Estate and/or a User and ownership of the Real Estate. If Globelander suspects - sometimes even as a result of information provided by another User - that a User has provided false information, a User acknowledges that Globelander has the right to proceed with an identity check against the User or require a User to prove ownership of the Real Property and/or the existence of the Real Property. User shall at Globelander's first request cooperate with the foregoing and immediately provide all evidence regarding the identity of the User or proof of ownership and/or existence of the Real Property.

5.7. Accessing the User Profile within the Platform of other Users, without the prior consent of Globelander or the consent of the other User, is not permitted.

5.8. Unilaterally providing access to or using the Platform, without fulfilling the requirements arising from the Agreement, is not permitted.

5.9. The Platform may not be used in violation of the law, the Agreement, these general terms and conditions and rules of Third Parties on which Globelander or User depends for the use of the Platform.

5.10. Use of the Platform may not interfere with other Users and/or cause damage to Globelander. It is not permitted to start up processes or programmes on the Platform, the network or the User's device, which can reasonably be expected to disrupt the functioning of the Platform, or hinder other Users or cause (in)direct damage.

5.11. When using the Platform, the User may not infringe any intellectual property or other right of Globelander, another User and/or a Third Party.

5.12. Globelander is at all times entitled, if it deems it has reasonable grounds to do so, to remove the content posted by or on behalf of Users and/or to delete the entire account without Globelander being in any way liable to the User or Third Parties as a result of such removal.

5.13. It is not permitted to (have) the content consulted in an automated manner, e.g. via scripts, spiders and/or bots.

5 5.14. You are not permitted to copy any parts of the Platform and/or its content except to the extent necessary to efficiently access the Platform and/or its content via the internet and to deploy it for use authorised by us. Copied material may not be republished.

5.15. Messages sent via the Platform and/or Globelander's User Profile may only relate to genuine enquiries about the purchase and sale of the Real Estate. Globelander does not tolerate sending spam or unsolicited commercial communications or disclosing a potential Buyer's personal information to a Third Party, unless a Seller has obtained express consent from the potential Buyer. Seller agrees to protect the personal information of potential Buyers in accordance with applicable laws and regulations and in each case with a reasonable standard of care. Seller accepts all liability for the misuse, loss or unauthorised transmission of such information.

5.16. When placing/uploading content (including - but not limited to - texts and images) on or in the Platform, User grants Globelander a non-exclusive, royalty-free and unrestricted right of use in respect of such content. Content must be truthful and be displayed on the Platform. Also, the content may not contain any false and/or misleading information, may not show any persons and may not infringe the privacy, intellectual property rights of Third Parties.

5.17. If Globelander discovers any improper behaviour or illegal or otherwise unlawful content of a User, Globelander is entitled to immediately and without further notice block the User's access permanently or for a time to be determined by Globelander and to remove the content and/or other data. In doing so, the User will lose all his or her possibilities of use with respect to the Platform (including any data stored thereon), without the User being entitled to damages or compensation. Improper behaviour is understood to include - but not exclusively - behaviour in violation of the law, the Agreement, these Terms and Conditions and otherwise unbecoming behaviour.

5.18. If User believes to observe any improper behaviour or illegal or otherwise unlawful content of another User on the Platform, User can make a report of this to Globelander at https://www.globelander.com/contact/. To process the notification, Globelander needs the following information:

5.18.1 Name and e-mail address;

5.18.2. an exact URL to the place where the alleged improper conduct is visible on the Platform and other information necessary for Globelander to identify the content and User concerned; 5.18.3. the reasons why you believe there is improper conduct or illegal or otherwise unlawful content. Globelander will deal with the complaint as soon as possible.

 

6. Platform availability and reliance on Third Parties

6.1. Although Globelander makes every reasonable effort, Globelander cannot guarantee that the Platform will always be complete, correct, accurate or updated, or that the Platform will always be online and available or that the Platform will be suitable for the purpose for which the User intends to use it. Globelander makes every effort to treat all comments regarding the Platform seriously and to make improvements where Globelander considers it necessary. Any inaccuracies can be reported via https://www.globelander.com/contact/.

6.2. Globelander is entitled to take its Platform temporarily out of use, including (but not limited to) taking it offline, for maintenance, updates or for any other reason.

6.3. Globelander does not guarantee that the Platform is always free of malicious computer codes and/or intrusions, such as - but not exclusively - viruses, worms and Trojan horses. It is the User's responsibility to ensure that the User's network and the devices connected to it are adequately protected against such undesirables.

6.4. For the provision of the Platform, Globelander depends to some extent on Third Parties, such as (but not exclusively) the software provider for the Platform, hosting partners, Internet Service Providers, payment system providers and network operators. These Third Parties may impose their own terms and conditions on the use of the services they offer to Globelander and the User. Globelander cannot guarantee the availability and use of the services of Third Parties and the possible consequences of the complete or temporary non- or inadequate provision of the services by Third Parties and the non-acceptance by Third Parties of comments and remarks by Globelander or the User. The applicable (general) terms and conditions of Third Parties are available for inspection at the Globelander office.

6.5. The Platform contain data provided by Third Parties or contain links to other websites that are not part of Globelander. Globelander has no control over the products and services offered by these Third Parties and Globelander is not responsible for misleading advertisements which are the sole responsibility of the relevant Third Party. Links or advertisements by Third Parties on the Platform should not be construed as an endorsement by Globelander of any kind. The User therefore indemnifies Globelander against all claims and/or disputes of any kind arising out of or in any way related to such disputes with Third Parties.

 

7. Subscription

7.1. An Agreement between User and Globelander arises upon the conclusion of a Subscription by User. The Agreement is concluded when User uses the function "Enter into Subscription", and the verification payment has been made to Globelander. The verification payment amounts to €0.01). There are three types of Subscriptions that User can take out on the Platform: see more information about the different Subscriptions here: https://www.globelander.com/abonnementen/.

7.2. As soon as the User pays the Subscription verification payment to Globelander via the Platform, an Agreement is concluded between the User and Globelander and the User obtains access to the Platform.

7.3. A monthly fee is payable to Globelander for the use of the Platform. The monthly fee is charged when the Subscription is entered into and automatically collected from the User each month thereafter to the account number provided by the User for this purpose. Globelander reserves the right to change the time of charging the monthly fee, for example in the event that the monthly fee cannot be charged due to an insufficient bank balance.

7.4. By using the Subscription, the User authorises Globelander to debit monthly the monthly fee, at the then current rate, as well as other costs incurred by the User in connection with the use of the Platform, via the payment method selected by the User.

7.5. Globelander is entitled to terminate the Agreement for any reason by giving the User a notice period of 1 month and will inform the User thereof in writing.

7.6. Globelander is entitled to make access to the Platform (or any part thereof) impossible with immediate effect and/or terminate the Agreement with immediate effect if:

7.6.1. Globelander is unable to collect the fee due via the specified payment method, or if an amount already collected is reversed;

7.6.2. the User materially breaches these terms and conditions and/or any other policy of Globelander;

7.6.3. the User violates applicable laws and regulations;

7.6.4. such action is necessary to protect the personal safety and/or property of Globelander, its Users, and/or Third Parties; or

7.6.5. the User's account has been inactive for more than 2 years.

7.7. If Globelander is unable to collect the fee due via the specified payment method, any collection and recovery costs will be borne by the User.

7.8. Globelander does not make refunds or credits (for partially used periods).

7.9. Upon termination of the Subscription, all claims of the User against Globelander lapse.

7.10. The User may cancel the Subscription at any time, but at least one (1) day before the day on which the next (monthly) fee is collected. After termination, the User will maintain access to the Platform for the period for which the (monthly) fee was collected, after which the Subscription will be discontinued. Termination of a temporary Subscription, i.e. a Subscription taken out for a specific period (e.g. 6 or 12 months), is not possible. Temporary Subscriptions are automatically discontinued after the end of the relevant period.

7.11. If User is a Consumer, at the start of the first subscription term, User has the right to dissolve the Agreement without giving reasons for 14 days. This reflection period commences at the time of conclusion of the Subscription.

7.12. If the Consumer wishes to exercise his right of withdrawal, he is obliged to notify Globelander thereof within 14 days after commencement of the Subscription. The Consumer must make this known by means of the model form. The model form can be found on the Globelander website (https://www.globelander.com/wpcontent/uploads/2024/03/Modelformulier-voor-ontbinding-en-herroeping-Globelander.pdf).

 

8. Prices and payments

8.1. Unless expressly stated otherwise, prices or on any other statement by Globelander are in euros including VAT.

8.2. The monthly Subscription fee may be reset annually. Globelander offers no price protection or refund in the event of a price reduction and/or promotional offer.

8.3. An increase of cost price determining factors (such as - but not exclusively - changes in laws and regulations, government measures, currency fluctuations or changes in the prices of required materials and raw materials), arising after the conclusion of the Agreement, may be passed on by Globelander to the User. If the User is a Consumer, Globelander may only pass on statutory price increases (such as - but not exclusively - a VAT increase) to the User.

8.4. If the price increase occurs when the Agreement between the User and Globelander started less than three months ago, the User, if the User is a consumer, is entitled to terminate the Agreement.

8.5. An increase in the periodic contribution of the Subscription as a result of article 8.3 will be notified to the User in writing more than one month in advance. 8

8.6. The various payment methods may change from time to time. The most recent options are listed on the Platform.

8.7. If a User defaults on any payment, e.g. if Globelander is unable to collect the monthly fee, Globelander is entitled, whether or not through Third Parties, to collect the relevant payments (or have them collected), plus the statutory interest due thereon as well as the extrajudicial costs incurred and to be incurred.

8.8. User is only discharged of his payment obligations when the amount due is received unconditionally by Globelander.

8.9. User authorises Globelander, through Third Parties or otherwise, to perform all actions necessary to make a payment on the payment method chosen by the User.

8.10. Globelander uses, inter alia, the payment system of Mollie B.V. to process payments. Mollie B.V. has a licence for the provision of payment services in accordance with the Financial Supervision Act (Wwft), and as such is under the supervision of De Nederlandse Bank under reference number F0038.

 

9. Liability, indemnification and damages

9.1. Globelander is never liable for any damage (if any) resulting from following advice given on the Platform, defects in or to the Platform and the use of the Platform. The descriptions of the Real Estate and other information on the Platform are intended for informational purposes and marketing. Under no circumstances is Globelander responsible for their accuracy.

9.2. Globelander accepts no liability concerning agreements concluded between a (potential) Buyer and Seller, nor is Globelander liable for acts or omissions of a (potential) Buyer or Third Party in connection with the purchase and/or sale of Real Estate.

9.3. Globelander is never liable for goods purchased or sold and/or services rendered or work performed by the User and Third Parties. Nor is Globelander liable for errors by staff and other auxiliary persons or Third Parties engaged by Globelander in the performance of the Agreement.

9.4. The User is fully responsible and liable for the accuracy and completeness of and/or defects in the Real Estate offered. Globelander is never liable for any inaccuracies and/or defects in the Real Estate of the Seller.

9.5. The User is fully responsible for the use of the Platform, the accuracy of the content - including when the User instructs Globelander to modify or upload the content on behalf of the User - (including but not limited to texts and images) that the User posts on or in the Platform. Globelander does not warrant the legality, correctness and accuracy of content posted by Users.

9.6. The User warrants that it is entitled to post the content on or in the Platform and that in doing so it does not infringe the rights of Third Parties, and indemnifies Globelander in respect of any claims relating to the content posted by the User on or in the Platform.

9.7. Globelander is not liable for damages or claims of Third Parties in any connection with the content added by Users.

9.8. If Globelander does become liable, the liability per event or series of events with a common cause is in any event limited to the amount paid out by its liability insurance for the case in question.

9.9. If the liability insurer does not pay out, or if the damage is not covered, Globelander's liability is limited to the invoice amount.

9.10. In case of liability, Globelander is only liable for direct damage. Direct damage is understood to mean the reasonable costs to determine the cause and extent of the damage, insofar as the determination relates to damage as referred to in this paragraph, and any reasonable costs incurred to have Globelander's faulty performance comply with the Agreement, insofar as they can be attributed to Globelander. And reasonable costs incurred to prevent or limit the damage, in so far as the User proves that such costs have led to a limitation of the direct damage.

9.11. Globelander shall never be liable for indirect damages including, but not limited to, lost profits, lost savings, business interruption and damages to Third Parties, even in the event of non-performance or inadequate performance of a remedial obligation.

9.12. All limitations or exclusions of liability in the Agreement and these General Terms and Conditions do not apply in case the damage is the result of intent or conscious recklessness on the part of Globelander or its managing subordinate(s).

 

10. Privacy

10.1. Globelander respects the privacy of all Users of the Platform. Globelander will ensure that the personal information provided to Globelander is treated confidentially. This provision applies exclusively to the Platform. Globelander is not responsible for the privacy policies of Third Parties accessible via our Platform.

10.2. User shall comply with all applicable laws and regulations in the field of privacy and the processing of personal data, such as (but not limited to) the (Implementation of) the General Data Protection Regulation Act ((U)AVG). If the User provides data or documents to Globelander in relation to the foregoing, the User must check such data or documents (or have them checked) for compliance with the applicable laws and regulations. The provision of such data or documents is at the User's own expense and risk. Globelander cannot be held liable for inaccuracies or omissions in such information or documents.

10.3. Globelander may have obligations towards Third Parties under legislation concerning the processing of personal data (such as the (U)AVG), such as the obligation to provide information, as well as to allow inspection, correction and deletion of personal data of those involved. User will, as much as technically possible, cooperate with the obligations to be fulfilled by Globelander. The costs associated with such cooperation are not included in the agreed prices and fees of Globelander and are borne entirely by the User.

10.4. If Globelander is held liable by a Third Party, including (but not limited to) government agencies, on account of non-compliance by the User with the Agreement, these General Terms and Conditions or the laws and regulations in the field of privacy and the processing of personal data by the Service Provider, or any sanction, penalty or other measure is imposed, the User is obliged to indemnify Globelander and the User will provide Globelander with all necessary assistance in any proceedings in that respect. All costs and damage on the part of Globelander resulting therefrom shall be borne in full by the User.

10.5. Each of the parties guarantees that all information received from the other party that is known or should be known to be of a confidential nature shall remain secret. The party receiving confidential information shall only use it for the purpose for which it was provided. Information is considered confidential in any case if it is designated as such by one of the parties. Globelander cannot be held to this if the disclosure of data to a Third Party is necessary pursuant to a court order, a statutory regulation or for proper performance of the Agreement.