Kabashi Real Estate GmbH

TERMS OF SERVICE

General Terms and Conditions of Kabashi Real Estate Group for Buyers

1. Validity

These terms and conditions (hereinafter referred to as "Terms") apply to the free use of the online platform www.seminar.kabashi-realestate.com (hereinafter referred to as "online platform"), as well as to all about these contracts between the Kabashi Real Estate GmbH, Siegmund-Schuckert-Straße 17, 68199 Mannheim, Germany (hereinafter referred to as "we") and you as our customer (hereinafter referred to as "customer" or "buyer"). Hereby we direct our offers to entrepreneurs i. P. D. § 14 BGB (hereinafter referred to as "entrepreneurs"), as well as to consumers i. P. D. § 13 BGB (hereinafter referred to as "consumer") for all future business relationships, even if they are not explicitly agreed again.

Consumers i.S.d. § 13 BGB is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity can be attributed.

Entrepreneur i.S.d. § 14 BGB is a natural or legal person or a legal partnership, which acts in the conclusion of a legal transaction in the exercise of their commercial or independent professional activity.

2. Subject of performance

Kabashi Real Estate provides all services described below solely on the basis of these General Terms and Conditions. Deviating terms and conditions of the buyer shall not become part of the contract even if Kabashi Real Estate does not expressly object to their validity. The buyer has the opportunity to buy different products via the online platform. This may be virgin or used goods, this property is clearly marked on the respective product page. In addition, Kabashi Real Estate offers to subscribe to subscriptions, which may relate to the purchase of products or the provision of services. We sell, in our own name and for our own account, products and services of dealers and service providers (hereinafter referred to as "contractors") who have agreed to provide immediate services to the buyer in the event of the customer's purchase from Kabashi Real Estate the product or service is provided through our contractual partners (whose logo appears in the ordering process), our vicarious agents, as well as all types of services or memberships.Our contractual partners are entitled to provide supplementary product-specific conditions of use on our behalf; We will inform the buyer in a timely and appropriate manner if such product-specific terms of use are to apply and provide the buyer with reasonable opportunity to notify e The contract for the purchase of the product or service (incl. However, if applicable, product-specific conditions of use) are always concluded with us.

3. Conclusion of contract

The placement of the respective product in the online shop does not constitute a binding offer to conclude a purchase agreement of Kabashi Real Estate to the buyer. To buy products in the online shop of Kabashi Real Estate, the buyer can put the selected goods in the cart and then the Enter order data in the specified order mask. After choosing the shipping method and the desired payment method, as well as accepting these terms and conditions, he sends his binding offer by clicking on the button "Buy Now". Following this order process, the buyer will receive an e-mail from Kabashi Real Estate with the order confirmation. However, this order confirmation does not constitute acceptance of the offer sent by the buyer to Kabashi Real Estate.

Kabashi Real Estate stores the contract text of the order and the buyer can print it to us before sending his order by clicking on "Print" in the last step of the order. We also send the buyer an order confirmation and an order confirmation with all order data to the E-mail address provided by him.

Further information about the data protection can call the buyer under privacy at any time (link Privacy Policy of the Kabashi Real Estate website). The acceptance by Kabashi Real Estate takes place via explicit declaration of acceptance to the buyer by e-mail at the latest by the end of the third working day following the day of the offer, or by sending the contractual goods. Kabashi Real Estate is entitled to reject contract offers without stating reasons. If the buyer is an entrepreneur, offers from Kabashi Real Estate are non-binding. The contract language is exclusively german.

4. Software

If a delivered product consists of or contains software, this software will be delivered according to the respective license conditions. This software may only be reproduced, adapted, translated, made available, distributed, altered, disassembled, decompiled, retranslated or combined with other software to the extent that this by the license conditions or the relevant laws, in particular § 69 d Abs. 2 and 3 as well as § 69 e copyright law, is expressly permitted. The Purchaser shall indemnify Kabashi Real Estate from liability and from all claims and costs arising from infringement of third-party property rights by the Purchaser.

5. Prices

The prices are valid at the time of the order. All prices are in EUR and include VAT. The shipping costs are not included in this price and will be displayed separately in the order process. For purchase agreements between Kabashi Real Estate and the customer, the total amount to be paid, including shipping costs, is due immediately.

The amount of the prices to be paid by the buyer upon purchase, regardless of whether they are different or equal, is clearly and understandably shown on the order form. If the buyer is an entrepreneur, the prices are exclusive of packaging, freight, postage, shipping costs and insurance. Insofar as our purchase prices, transport costs, business-related taxes or other costs affecting the individual price vary unpredictably between conclusion of the contract and agreed delivery date - in the case of a non-trading business, if this period is more than 4 months - either of the contracting parties may request a corresponding price adjustment.

6. Terms of payment

Kabashi Real Estate offers the buyer different payment methods. These are: PayPal or bank transfer.

If the purchaser acquires a product associated with a subscription ("subscription product") or a product or service that includes partial payments via the Kabashi Real Estate order form, then this is considered a direct debit authorization given by the purchaser. The amount of the payments depends on the purchased product. The prices and the agreed payment period are always clearly listed on our order form. This direct debit authorization in this case applies to the payment method used in each case. In the case of a revocation of the contract by the consumer in accordance with § 7 or in case of a reversal of the contract for other reasons, we will refund the purchase price already paid. For this repayment we use the same means of payment used in the original transaction. In the case of the issuance of a SEPA mandate, simultaneous repayment by the buyer is therefore not necessary. Should the purchaser fail to repay the unjustifiably received amount after we have arranged a chargeback and a simultaneous repayment by us after a reasonable deadline, we shall be entitled to demand the civil law enforcement of our claims from the account-holding bank of the purchaser about the personal data belonging to the account holder. In addition, we reserve in this case, a criminal complaint.

7. Right of Withdrawal

Cancellation policy for the delivery of goods

If the buyer is a consumer, he has the following right of withdrawal: You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods. In the case of a contract for several goods that you have ordered in a single order and that are delivered separately, the period begins on the day on which you or a third party named by you, who is not the carrier, the last goods in possession have taken or has. To exercise your right of revocation, you must inform us (Kabashi Real Estate GmbH, Germany, phone: +49 621 44 58 66 89, e-mail address: anmeldung@kabashi-realestate.com) by means of a clear statement (eg a letter sent by post , Fax or e-mail) about your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not required. In order to maintain the cancellation period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the cancellation

If you withdraw from this Agreement, we have selected all payments we have received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method than the most favorable standard delivery we offer have to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we will use the same means of payment as you used in the original transaction, unless expressly agreed otherwise with you; In no case will you be charged for this repayment fees.

We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. We bear the cost of returning the goods. You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functioning of the goods. The right of withdrawal does not apply to distance contracts for the supply of goods which are not prefabricated and whose manufacture is based on an individual choice or determination by the consumer or which are clearly tailored to the personal needs of the consumer, in distance contracts for the supply of newspapers, Periodicals or magazines, other than subscription contracts, for distance contracts for the supply of sealed goods, which are not suitable for return for reasons of health or hygiene if their seal has been removed after delivery; in the case of distance contracts for the supply of goods, by reason of their nature, they have been inseparably mixed with other goods after delivery; in the case of distance contracts for the supply of sound or video recordings or computer software in a sealed package, when the seal has been removed after delivery."

Cancellation policy for the delivery of digital content

If the buyer is a consumer, he has the following right of withdrawal:

You have the right to withdraw from this contract within fourteen days without giving any reason. The revocation period is fourteen days from the date of conclusion of the contract. In order to exercise your right of withdrawal, you must inform us (Kabashi Real Estate GmbH, Germany, phone: +49 621 43292715, e-mail address: anmeldung@kabashi-realestate.com) by means of a clear statement (eg a letter sent by post, fax or E-mail) about your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not required. In order to maintain the cancellation period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the cancellation

You have the right to withdraw from this contract within fourteen days without giving any reason. The revocation period is fourteen days from the date of conclusion of the contract. In order to exercise your right of withdrawal, you must inform us (Kabashi Real Estate GmbH, Germany, phone: +49 621 43292715, e-mail address: anmeldung@kabashi-realestate.com) by means of an indecent statement (eg a letter sent by post, fax or E-mail) about your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not required. In order to maintain the cancellation period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the cancellation

If you have requested that the service be commenced during the period of cancellation, you must pay us a reasonable amount equal to the proportion of services already provided by you at the time you inform us of the exercise of the right of withdrawal in respect of the contract Comparison with the total volume of the service provided for in the contract.

End of revocation

Model withdrawal form

(If you want to cancel the contract, please fill in this form and send it back.)

- To Kabashi Real Estate GmbH (Kabashi Real Estate GmbH, Deutschland, Phone: +49 621 86 19 21 10, E-Mailadresse: anmeldung@kabashi-realestate.com)

– I/We hereby revoke (*) that of me/us (*) concluded contract for the purchase of

following goods (*)/the provision of the following service (*)

– Ordered on (*)/received at (*)

– Name of the consumer (s)

– Recepiont of the consumer(s)

– Signature of the consumer(s) (only when notified on paper)

– Date

(*) Please cross off what is not applicable.

8. Delivery and delivery time

The dispatch takes place within 10 days after receipt of money on our account. Partial deliveries are permissible and billable independently insofar as this is reasonable for the buyer and he has an objective interest in the partial delivery. If Kabashi Real Estate is in default of payment, the purchaser can only withdraw from the contract insofar as the purchaser has not been notified as ready for despatch until such time as the purchaser has expired in writing after a reasonable grace period of at least fourteen days has elapsed. In the case of a partial delay or a partial impossibility, the buyer can only withdraw from the entire contract or only demand compensation for non-fulfillment of the entire liability, if the partial fulfillment of the contract has no interest for him.

9. Transfer of Risk

If the buyer is a consumer, the statutory provisions for the transfer of risk of the purchased item apply. If the buyer is an entrepreneur, the risk passes to him as soon as the consignment has been handed over to the carrier carefully selected by Kabashi Real Estate or has left the warehouse or that of a subcontractor for the purpose of dispatch. If the shipment is delayed at the buyer's request, the risk is transferred to him upon notification of readiness for shipment. The same applies to the assertion of rights of retention.

10. Retention of title

The goods remain the property of Kabashi Real Estate until full payment of the purchase price. Prior to the transfer of ownership, pledging, assignment, processing or transformation is not permitted without the consent of Kabashi Real Estate. The buyer is entitled, provided that he is an entrepreneur, the reserved goods in the proper.

Resell business traffic. However, he is only entitled to resell the goods to end consumers. A resale to re-buyers is expressly prohibited. All claims resulting from the resale or any other legal reason (insurance, tort) with regard to the reserved goods, including all balance claims from current account, the buyer hereby already assigns to us as a security to the full extent. We authorize him revocably to collect the assigned claims for our account in his own name.

The collection authorization can only be revoked if the buyer is in default of payment. The buyer is then obliged to provide the name, address and claim amount of all persons to whom the reserved goods were sold by him. Pledging or transfer by way of security is not permitted. As long as the buyer is not in default of payment, we will not disclose the assignment. In the case of access by third parties to the reserved goods, in particular seizures, the buyer will point out our ownership and inform us immediately so that we can enforce our property rights. Insofar as the third party is not in a position to reimburse us for any judicial or extrajudicial costs incurred in this connection, the buyer shall be liable for this.

In case of breach of contract by the buyer - in particular default of payment, cessation of payments, application for insolvency, we are entitled to take back the reserved goods or, if necessary, to demand assignment of the claims for surrender of the buyer against third parties. In the withdrawal as well as in the seizure of the reserved goods by us no withdrawal from the contract, if the buyer is an entrepreneur.

11. Warranty

The statutory warranty rights apply to all contracts between Kabashi Real Estate and the buyer. If the purchase contract for a used item has been concluded, the warranty rights shall lapse within one year, beginning with the day of delivery of the goods. Shortening the warranty period to one year does not apply if the replacement obligation is based on a physical injury or damage to health due to a defect for which we are responsible or for intent or gross negligence on the part of Kabashi Real Estate or our vicarious agents. Notwithstanding, we are liable under the Product Liability Act. If the buyer is an entrepreneur, the following remarks apply in addition: The buyer has to report all recognizable defects after receipt of the goods, but at the latest within 5 working days. Hidden defects which can not be found even after the immediate examination may only be asserted against Kabashi Real Estate if the defects are received within 6 months after the goods have left the delivery works. In the case of justified complaints, Kabashi Real Estate GmbH is obliged to remedy or replace the goods at its discretion. If the purchaser does not give us any opportunity to convince ourselves of the defect, in particular if he does not immediately make the rejected goods or samples available upon request, all warranty claims shall be void. Complaints of partial deliveries do not entitle the customer to refuse the remaining delivery. These conditions also apply to delivery of goods other than those conforming to the contract. Any warranty claims for entrepreneurs are excluded for deliveries of used goods.

12. Limitation of liability

Kabashi Real Estate always strives to ensure that the website is available without interruptions and that the communications are error-free. However, this can not be guaranteed at all times. Access to the online platform may also be occasionally interrupted or restricted to allow for repair, maintenance or the introduction of new facilities. Kabashi Real Estate seeks to limit the duration and frequency of this temporary interruption. Kabashi Real Estate is fully liable for intent and gross negligence as well as for damages resulting from injury to life, body or health. In cases of slight negligence, Kabashi Real Estate is only liable for breach of a material contractual obligation. An essential contractual obligation within the meaning of this clause is a duty whose fulfillment makes the execution of the contract possible and on whose fulfillment the contracting party may regularly rely.

The limitations of liability apply accordingly to the employees, agents and vicarious agents of Kabashi Real Estate.

13. Online-Dispute Resolution

The European Commission provides a platform for online dispute resolution (OS). The platform can be accessed by the buyer at: ec.europa.eu/consumers/odr/

14. Place of Performance, Jurisdiction, Applicable Law

Place of fulfillment for all claims arising from the contractual relationship is Hildesheim, if the buyer is an entrepreneur. Exclusive place of jurisdiction for all disputes arising out of or in connection with this contract is Hildesheim, provided the buyer is a merchant or does not have a general place of jurisdiction in Germany or another EU member state, has moved his permanent residence abroad after the effective date of these Terms of Use or his domicile or Ordinary place of residence is unknown at the time of filing of the claim.

German law applies excluding the UN sales law. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

The purchaser can only offset or assert a right of retention against claims of Kabashi Real Estate if his counterclaim is undisputed, has a final legal title or if the counterclaim is in a synallagmatic relationship to the respective claim.

The buyer is not entitled to assign claims from the contractual relationship without our consent to third parties.

Status: Januar 2019