1.1 The following terms of use apply between EverReal GmbH Seitzstr. 8a, 80538 Munich, Germany ("EverReal") and the user for the use of the website https://marktplatz.everreal.co/ ("EverReal Marketplace"). By using it, the user declares his agreement with the terms and conditions.
1.2 The services and products offered on the EverReal marketplace (e.g. tariff comparison, insurance, electricity, Internet, SCHUFA credit report) are not offered by EverReal, but by the respective named third-party providers. EverReal does not become a contractual partner with the user regarding the services and products offered on the EverReal marketplace.
1.3 If you are a company and feel that your rights have been violated due to the offers of the third-party providers (e.g. due to the rate comparisons), please contact the third-party providers directly (see also section 3).
1.4 The EverReal Marketplace is aimed exclusively at consumers ("B2C") and exclusively at the German market, i.e. consumers residing in Germany. The EverReal marketplace as well as the services offered and provided by the companies on it are available exclusively in the German language.
1.5 The Terms of Use do not apply to the services or products of third-party providers. Conflicting or deviating terms and conditions about the services of EverReal are not recognized. The Terms of Use can be downloaded here.
2.1 On the EverReal marketplace, EverReal offers companies ("partner companies") the opportunity to offer users of the EverReal marketplace their own or other companies' services and products related to housing via rate comparisons or in other ways ("offers of the partner companies"). EverReal usually receives a commission from the partner companies and may act as their agent. The partner companies either provide the service themselves or broker contracts for products or services from other companies, e.g. from the telecommunications, energy or insurance industries ("Third Party Companies").
2.2 The offers of the Partner Companies shall be integrated on the EverReal website via iFrames, among other things, and shall be set off from the rest of the website by color, identified by a frame and provided with references to the Partner Company before and after.
2.3 The offers of the partner companies and the services and products of the third-party companies are subject to their own terms and conditions and data protection notices, which are usually linked directly to the offers.
2.4 EverReal does not offer the offers of the partner or third party companies, does not act as an agent of the partner or third party companies and does not become a contractual partner with the users about the services or products of the partner sub- or third party companies. EverReal is not obligated under the contracts with the partner or third party companies to deliver products or provide services.
2.5 Claims or rights of the users (e.g. for warranty, damages or performance) arising from the contracts with the partner or third-party companies are to be asserted exclusively against the partner or third-party companies. EverReal shall not process or forward any claims or other notices from users asserting such claims against it.
2.6 Within the scope of or upon conclusion of a contract with a partner or third party company, costs usually arise for the users. The costs are to be borne by the users and are usually paid directly to the partner or third party companies.
2.7 The functions and the services offered via the website are constantly being developed and improved. EverReal is entitled to change, expand or omit individual functions or services, or parts thereof, at any time, or to discontinue them completely. The user has no claim to the provision of certain functions or services or parts thereof.
3.1 SCHUFA: The services of our partner company SCHUFA Holding AG, Kormoranweg 5, 65201 Wiesbaden ("SCHUFA") can be found on the https://marktplatz.everreal.co/schufa-bonitaetscheck-anfordern subpage. The service offered by SCHUFA is the SCHUFA-BonitätsCheck ( SCHUFA credit check) for which these GTC and this data protection notice apply. If you have any queries or problems with the SCHUFA-BonitätsCheck, please contact SCHUFA directly using the contact details provided.
3.2 CHECK24: Our partner company TARIFCHECK24 GmbH, Zollstraße 11b, 21465 Wentorf bei Hamburg ("CHECK24") offers the following rate comparisons on our website via which users can compare services or products of third-party companies and conclude contracts:
3.3 EverReal provides on the EverReal marketplace only the iFrames provided by the third party providers to EverReal. EverReal has no influence on the design of the rate comparisons, on the parameters of the comparison, the services or products used, determined and/or displayed. EverReal does not guarantee the accuracy, completeness, suitability or timeliness of the tariff comparisons or displayed and used services or products. The user himself is responsible for the decision he makes on the basis of a rate comparison.
4.1 Commercial use of the EverReal marketplace or use by brokers and agents is not permitted.
4.2 Only natural persons who are of legal age and have full legal capacity are admitted to use the service.
4.3 Users are prohibited from acting under any identity other than their true identity.
4.4 The user guarantees that the information provided by him/her does not violate any laws, third party intellectual property rights, official requirements, morality or public order and that all information provided by him/her is correct, up-to-date and complete. In the event of a violation of this section, the user shall indemnify EverReal upon first request against all claims, including reasonable costs of legal defense, asserted by third parties against EverReal due to the user's violation of this section.
4.5 You may not use any data mining, robots, or similar data gathering or analysis tools on the Website or aggregate, copy or reproduce any content using such tools.
The design of the website, published graphics, texts or images may be protected by copyright and may be the property of EverReal or third parties. Users are only permitted to use them within the scope of the purpose of the contract.
6.1 We would like to point out that EverReal does not store or process the data provided by the users in the context of the offers of the partner companies on the website or the rate comparisons.
6.2 We inform you in our privacy policy how we handle personal data.
7.1 EverReal does not guarantee the functionality of the rate comparisons or other integrated offers of the partner companies. The partner companies are responsible for malfunctions and errors.
7.2 EverReal shall be liable without limitation, in the event of intent or gross negligence, for injury to life, limb or health, in accordance with the provisions of the Product Liability Act and to the extent of any warranty assumed.
7.3 In the event of a slightly negligent breach of an obligation that is essential for achieving the purpose of the contract ("cardinal obligation"), EverReal's liability shall be limited in amount to the damage that is foreseeable and typical according to the nature of the transaction in question.
7.4 The above limitation of liability shall also apply to the personal liability of EverReal's employees, agents and officers.
7.5 EverReal has no influence on the determined and displayed rates and offers and excludes liability for their accuracy, timeliness and completeness.
7.6 EverReal does not guarantee the uninterrupted availability of the EverReal Marketplace.
8.1 This Agreement may be terminated by either party at any time and the use or provision of the EverReal Marketplace may be discontinued at any time.
8.2 The European Commission provides an online dispute resolution platform for consumers, which you can access at the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=DE - EverReal prefers to resolve concerns in direct exchanges and therefore does not participate in consumer arbitration procedures.
8.3 This contract shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the user has his habitual residence as a consumer, shall remain unaffected.
8.4 The Terms of Use shall remain binding in its remaining parts even if individual points are legally invalid. The invalid points shall be replaced by the statutory provisions, if any.
Status: July 2022
