CLIKALIA ASSET MANAGEMENT TERMS & CONDITIONS

Scope of the contract:
These terms and conditions apply exclusively to products and services in which CLIKALIA MANAGEMENT SERVICES SLU, with CIF B56917008, acts as an intermediary by virtue of a specific mandate with the callsign CLIKALIA ASSET MANAGEMENT in which CLIKALIA MANAGEMENT SERVICES SLU acts, not as owner, but by virtue of a mandate/assignment to manage the sale of the respective property,  (hereinafter referred to as CLIKALIA ASSET MANAGEMENT) that will be provided to the Client in connection with the purchase and sale of real estate and are aimed at an audience over 18 years of age.
These terms and conditions shall also apply to services provided by other companies of the CLIKALIA group related to the products and services of CLIKALIA ASSET MANAGEMENT, without prejudice to the additional terms and conditions applicable to these services that must be agreed between the CLIENT and the corresponding company.

General and purpose of the contract:
clikalia.es is the website of the companies that make up the CLIKALIA group with registered office at Calle Álvarez de Baena, 2, Madrid Postal Code 28006. 
Please read the terms and conditions of the service carefully to be informed of the rights and obligations of the users of the service offered by this means. The validity of these terms and conditions will be recognized in a binding manner by the user at the time he/she decides to enjoy the service.
By using our services, you agree to be bound by these Terms and Conditions. We reserve the right to amend these Terms and Conditions at any time without giving reasons.

"Buy a house" / User offers

Users, through our website, will be able to submit offers for the products CLIKALIA ASSET MANAGEMENT; Such offers may be accepted within 72 hours. And there is no obligation to accept the offer made by the user.

Regardless of the amount of the offer, (whether equal, lower or higher) than the estimated price published, it will not be obligatory or binding for the Property until it expressly notifies the user making the offer of acceptance.

In order to be able to send an offer, the offering user, in any case, must first accept the Specific Terms and Conditions of the Service and the Specific Conditions, which will be fully applicable together with these general terms and conditions of CLIKALIA ASSET MANAGEMENT.

The entire legal process of selling flats is carried out online/digitally. The prices that appear at the bottom of the photograph of each property are not final sale prices but are indicative of internal valuation and are not binding for the property. This amount does not include notary fees, taxes, fees, appraisals or payments to third parties. The user accepts, understands and is aware that these payments or expenses may be due, in the event that this has been agreed between the parties, or is required by current legislation.

Once CLIKALIA has communicated the acceptance of the offer made by the user, the user must sign the contract of sale with the mediation of a penitential deposit within 72 hours, under the terms of these conditions and the particulars previously accepted when making the offer by the user.  

By accepting these terms and conditions, users accept and understand that in the event that action is necessary to carry out the assignment, mandate or contract and the fulfillment of the obligations arising therefrom, CLIKALIA, as the case may be, may carry out the necessary actions for this purpose by billing the respective costs to the other party/and/or user.  that are legally in their charge.

In the case of flats that are marketed under the "Virtual Tour/3D" mode or other special promotions, their specific terms will apply to the extent that they do not contradict those established herein. In particular, any discounts or promotional concessions will only be applicable if the amount of the client's offer is equal to the amount of the property's web publication price.

If you wish to find more information about the process described here, regarding the sale of any of our properties, you can send an email to hola@clikalia.com, and we will contact the user as soon as possible.

Specific Conditions of the Offer to Buy a property from CLIKALIA ASSET MANAGEMENT
The making of an offer for a CLIKALIA ASSET MANAGEMENT property will be governed by the following particular conditions that the Client/user will be aware of and accept:

• Proceed to sign and send a purchase offer for the price you consider and on the property at the address indicated in the project sheet.

• The submission of the purchase offer is subject to the payment of one thousand euros (€1,000) by credit/debit card.

• The Property is not obliged to accept the offer and will have a period of 72 hours for the analysis and evaluation of the purchase offer and, if it is not accepted, it will refund the amount paid.

• In the event that the Property accepts your offer, a representative will contact you to formalise the purchase contract with the mediation of penitential deposits on the property subject to the offer, which must be signed (at the accepted price) within a maximum period of 72 hours from the communication of the acceptance. In the event that the contract is not signed within this period, the amount paid for the realization of the offer by the user will be forfeited.

• Furthermore, the purchasing CLIENT whose offer has been accepted must send the form provided by CLIKALIA, duly completed, in relation to the file for the prevention of money laundering and terrorist financing (the "PBC form") within the 72-hour period set for the signing of the earnest money contract; should the client fail to meet this obligation after the mentioned 72-hour period has elapsed, they will forfeit the amount provided as a reservation and CLIKALIA will not be obligated to sign the earnest money contract.

The penitential deposit contract will always be formalized in accordance with the following essential conditions:

• The selling party sells the property to the buyer who buys and accepts the property as a certain body, except in its case the security alarm that is installed in the property, the Anti-Occupation Security Door and the appliances and furniture that are in the property; In addition, the property is sold with all the rights, uses and services that are inherent and accessory, in the conditions and physical, legal, urban, cadastral, registry, conservation, maintenance, occupational and burdens and affectations that the buyer declares to know and accept, being up to date with the payment of the taxes that affect the property of which the seller is a taxable person.  expenses for supplies and ordinary fees of the Community of Owners owned by the seller that affect the property on the date of this contract in accordance with current legislation.

• In addition, the sale is made with the lock in the state in which it has been seen and accepted by the buyer; The buyer is offered the possibility of exchanging the lock/cylinder for the respective price agreed by the parties.

• That, in relation to the occupational status of the dwelling, it shall be delivered free of occupants; Notwithstanding the foregoing, in the event that the property is illegally/illicitly occupied by a third party, the selling party will deliver it free of occupants once evicted/evicted to the occupant without title, although in order to coordinate the above with the term of the deed, in the case of an illegal occupation, the buyer may choose between the parties extending the term of the deed for a sufficient time until the vacancy or putting Termination of this contractual relationship receiving from the seller the amount given in earnest money and without further liability for any of the parties.

• At the time of granting the elevation to deed of this Purchase and Sale contract, the selling party will deliver to the buyer the corresponding certificate from the Community of Owners indicating the status of debts. If for any reason it has not been possible to obtain it, the buyer will exonerate the seller from it, and the seller acquires in the deed the obligation to pay the outstanding installments of its duly justified ownership that legally affect the property until the day of the deed.

The parties agree that, in the event that any spillover or extraordinary fee has been approved before the signing of the private contract of sale with the mediation of penitential deposits or is approved once it has been signed and prior to the execution of the public deed of sale, the selling party will be responsible for the installments that are drawn until the execution of the public deed of sale and the buyer will pay the ones that are turned later.

• In the event that there is a security alarm in the apartment, the buyer may choose to: 
a) keep it and be responsible for its cost and fees, the buyer authorizing the seller to transfer the data that may be necessary, only for this purpose; or 
b) undertakes to provide the selling party, in the event that the latter has not removed the alarm on the day of signing the deed, the removal of the alarm within a period of 15 days following the signing, collaborating actively and in good faith for its removal, attending to the technician who assists for the removal on the day and time indicated by the seller,  We must notify you 48 hours in advance, and we will only be able to withdraw it from Monday to Saturday. 
10 calendar days prior to the date of signing the deed, and reliably by email, the buyer must inform the seller which of the two previous possibilities they opt for, otherwise it will be understood that they have opted for option b).

• The Anti-Occupancy Security Door or PAO is a security measure contracted by the selling party and is not part of this contract. Once the public deed of sale has been granted, the selling party will coordinate the removal of the PAO that must be returned by the buyer in the same state and situation in which they were delivered by the seller in the same state and situation in which they were delivered by the seller; It will be the full responsibility of the purchaser if a private door is available to replace it. The Anti-Occupation Security Door or PAO has a daily cost that will be borne by the buyer from the day after the deed until its disinstallation.

• The appliances and furniture that, if applicable, are in the property will not be included in the object of this contract nor will they be transferred together with the ownership of the same and the seller may remove them at any time. The buyer will collaborate with the seller to proceed with the removal of the appliances and furniture, if the latter is unable to remove them prior to the execution of the public deed of sale.

• The seller declares that the Finca is up to date with the payment of the Property Tax (IBI), with respect to the tax periods in which it was a taxable person, unless it has not been drawn in which case the following paragraph will apply.

In the event that any amount of real estate tax corresponding to tax periods in which the seller was not a taxable person for such tax prior to the date of the deed due to the real affection of the property or properties transferred is claimed from the buyer,  The buyer must inform the selling party, within a period of 7 calendar days following the claim for the respective amount, and always within the voluntary payment period, once the corresponding insolvency and referral file necessary to be able to make the payment is resolved by the competent public body.

Any surcharge, late payment or interest, or non-appealable error that is generated by not having communicated to the seller the notification of the derivation within the aforementioned period will be assumed by the buyer.

• The execution of the Public Deed of Sale before a Notary Public will be carried out within a maximum period of forty-five (45) calendar days if the person needs financing and ten (10) calendar days if the purchase is made in cash, counting from the signing of the purchase contract as penitential deposit. The buyer must indicate before signing the earnest money contract whether or not financing is required. In Catalonia, the term will be fifty (50) days if the buyer needs financing, in accordance with Catalan regional regulations, and ten (10) calendar days if the purchase is made in cash.
- In Catalonia, the deadlines may be modified in cases in which there is a preferential right of acquisition in favour of the Public Administrations over the property that is the subject of the contract. In these cases, in the event that the competent public body exercises the right of pre-emption over the property, the parties agree that this contract will be terminated by law and the seller must return to the buyer the amounts it would have received as a reserve and earnest money, the parties being considered settled and settled and without having to claim against each other.
- These deadlines may increase in the event that the apartment is not registered in the name of the selling entity or pending completion of the renovation work, the days that elapse between the sending of the Registry Informative Simple Note that the apartment is registered in the name of the selling entity (and sent, the extension will not exceed 30 days if the buyer needs financing or 10 days if it is in cash); when the renovation is pending completion, the public deed will be executed within 30 days (35 days in Catalonia) following the day of sending the appraisal report (if financing is needed) or within 10 days after the seller notifies the buyer of the completion of the work.

• In the event that the buyer does not need financing, he/she may also request the execution of a direct deed which, if accepted by the Property, will be carried out in accordance with the following essential conditions:

- The selling party sells the property to the buyer who buys and accepts the property as a certain body, except in its case the security alarm that is installed in the property, the Anti-Occupation Security Door and the appliances and furniture that are in the property; In addition, the property is sold with all the rights, uses and services that are inherent and accessory, in the conditions and physical, legal, urban, cadastral, registry, conservation, maintenance, occupational and burdens and affectations that the buyer declares to know and accept, being up to date with the payment of the taxes that affect the property of which the seller is a taxable person.  expenses for supplies and ordinary fees of the Community of Owners owned by the seller that affect the property on the date of this contract in accordance with current legislation.

- In addition, the sale is made with the lock in the state in which it has been seen and accepted by the buyer; The buyer is offered the possibility of exchanging the lock/cylinder for the respective price agreed by the parties.

- That, in relation to the occupational status of the dwelling, it shall be delivered free of occupants; Notwithstanding the foregoing, in the event that the property is illegally/illicitly occupied by a third party, the selling party will deliver it free of occupants once evicted/evicted to the occupant without title, although in order to coordinate the above with the term of the deed, in the case of an illegal occupation, the buyer may choose between the parties extending the term of the deed for a sufficient time until the vacancy or putting Termination of this contractual relationship receiving from the seller the amount given in earnest money and without further liability for any of the parties.

- At the time of granting the elevation to deed of this Purchase and Sale contract, the selling party will deliver to the buyer the corresponding certificate from the Community of Owners indicating the status of debts. If for any reason it has not been possible to obtain it, the buyer will exonerate the seller from it, and the seller acquires in the deed the obligation to pay the outstanding installments of its duly justified ownership that legally affect the property until the day of the deed.

The parties agree that, in the event that it has been approved before the signing of this private contract of sale with the mediation of penitential deposits or is approved once it has been signed and prior to the execution of the public deed of sale, any spill or extraordinary fee, the selling party will be responsible for the fees that are drawn until the execution of the public deed of sale and the buying party You will pay for the ones that are turned later.

- In the event that there is a security alarm in the apartment, the buyer may choose to: 
a) keep it and be responsible for its cost and fees, the buyer authorizing the seller to transfer the data that may be necessary, only for this purpose; or 
b) undertakes to provide the selling party, in the event that the latter has not removed the alarm on the day of signing the deed, the removal of the alarm within a period of 15 days following the signing, collaborating actively and in good faith for its removal, attending to the technician who assists for the removal on the day and time indicated by the seller,  We must notify you 48 hours in advance, and we will only be able to withdraw it from Monday to Saturday. 
10 calendar days prior to the date of signing the deed, and reliably by email, the buyer must inform the seller which of the two previous possibilities they opt for, otherwise it will be understood that they have opted for option b).

- The Anti-Occupancy Security Door or PAO is a security measure contracted by the selling party and is not part of this contract. Once the public deed of sale has been granted, the selling party will coordinate the removal of the PAO, which must be returned by the buyer in the same state and situation in which they were delivered by the seller; and it will be the full responsibility of the purchaser that a private door is available to replace it. The Anti-Occupation Security Door or PAO has a daily cost that will be borne by the buyer from the day after the deed until its disinstallation.

- The appliances and furniture that, if applicable, are in the property will not be included in the object of this contract nor will they be transferred together with the ownership of the same and the seller may remove them at any time. The buyer will collaborate with the seller to proceed with the removal of the appliances and furniture, if the latter is unable to remove them prior to the execution of the public deed of sale.

- The execution of the Public Deed of Sale before a Notary Public will be carried out before the expiry of the period of thirteen (13) calendar days, counting from the acceptance of the offer.

- In Catalonia, the deadlines may be modified in cases in which there is a preferential right of acquisition in favour of the Public Administrations over the property that is the subject of the contract. In these cases, in the event that the competent public body exercises the right of pre-emption over the property, the parties agree that this contract will be terminated by law and the seller must return to the buyer the amounts it would have received as a reserve and earnest money, the parties being considered settled and settled and without having to claim against each other.

- These deadlines may increase in the event that the apartment is not registered in the name of the selling entity or pending completion of the renovation work, the days that elapse between the sending of the Registry Informative Simple Note that the apartment is registered in the name of the selling entity (and sent, the extension will not exceed 30 days if the buyer needs financing or 10 days if it is in cash); when the renovation is pending completion, the public deed will be executed within 30 days (35 days in Catalonia) following the day of sending the appraisal report (if financing is needed) or within 10 days after the seller notifies the buyer of the completion of the work.

• The deposit amount, together with the reservation fee, will be 10% of the accepted price; Both amounts shall be deemed to have been paid on account of the price.

• All expenses and taxes arising from this sale and its elevation to a public deed will be paid by the buyer except for the Tax on the Increase in the Value of Urban Land (Municipal Capital Gains) which will be paid by the seller.

• The buyer must indicate to the seller if they wish to purchase the property with financing. If you have not indicated anything in this regard, it will be understood that you are going with bank financing in all or part of the purchase price, and the term will be that corresponding to going with bank financing.

In order to speed up the mortgage financing processes, the buyer authorises the seller to inform the financial institutions about the sale of the property, providing the necessary information about it to carry out the credit analysis, without in any case the provision of this information implying any obligation for the seller to guarantee the obtaining of the credit to the buyer.

• The contract shall be governed by the provisions of Article 1.454 of the Civil Code. In Catalonia, the corresponding Catalan legislation will apply.

• The amount paid as a penitential deposit will be considered a payment on account and will therefore be deducted from the final sale price.

• In the event of not formalizing the contract for reasons attributable to CLIKALIA a la Propiedad, the amount paid will be refunded.
The specific conditions of the offer described above may be modified in the case of promotions and specific offers made by CLIKALIA, in which case they will be governed by their specific conditions to the extent that they contradict them.

• The bank expenses or commissions generated by the payment of the price will be the account, charge and responsibility of the buying party regardless of the bank that charges such commission or requires payment, such as commissions for transfers made from a foreign country or other similar ones. In case of being charged to the seller, the amount must be paid by the buyer at the same time as the transfer, signing of the contract or granting of the public deed of sale, such payment being essential for the seller, and if it has not been made by the buyer, the seller may desist without penalty or responsibility or duty to return any amount to the buyer.

In Catalonia, in cases where the property being sold does not have an Occupancy Certificate, the buyer shall exonerate the seller, now and in the future, from any contributions, with full indemnity for the seller. Furthermore, the buyer shall exempt the seller from any liability in the event of denial of the certificate for cases where the occupancy certificate or corresponding exemption certificates are not provided, both currently and in the future.

In Catalonia, at the time of the granting of the public deed of sale, the buyer shall exonerate the seller from the Building Technical Inspection report and the aptitude certificate.

Should the property in question be subject to any kind of protective regime:

The buyer states that they are an applicant for public housing and meet all the requirements set forth by the current regulations to purchase the property in question.

The buyer declares that they do not hold full ownership or real right of use or enjoyment over any other property.

The buyer commits to use the property as their regular and permanent residence and not as a second home or for any other use; moreover, the buyer commits to occupy the property within 3 months from its delivery.

If, with 10 days' notice before the deadline for the granting of the public deed of sale, this contract has not been endorsed by the competent public body, the parties agree to an automatic extension of said period for 90 calendar days.

If, after the automatic extension period mentioned above, the contract has not been endorsed by the competent public body, the parties may agree to a new extension of the contract or, failing agreement, it shall be fully resolved and the seller shall return to the buyer any amounts received as a deposit and down payment, considering the matter settled and without any further claims between them, except as provided in the following paragraph.

If the failure to obtain the endorsement is attributable to the buyer, particularly, by way of example and without limitation, due to a lack of registration in the registry of applicants for public housing or non-compliance with the requirements set by the current regulations for the acquisition of public housing, it shall be considered a breach of the contract by the buyer and will have the same effects as withdrawal as provided in the fifth clause, and they will lose the amounts delivered to the seller.

The buyer authorizes CLIKALIA MANAGEMENT SERVICES, SLU to submit the application for the endorsement of the contract and to carry out any necessary ancillary or additional procedures before the public administrations.

MANAGEMENT FEES:

An amount of €2,900 is charged excluding VAT (VAT would be 21% for it €609) which includes the costs associated with the preparation, monitoring and signing of the contract:

- The holder of the right for this amount is CLIKALIA MANAGEMENT SERVICES SLU.
- Payment of the indicated amount must be made by bank card or by bank transfer to the account: ES41 0182 8510 9902 0000 7760. 
- The payment obligation will accrue with the signing of the earnest money contract and the payment must be made prior to the deed of sale.
- The fact that after the period the payment has not been made, but the contract has been signed, does not imply the loss or waiver of the right to its collection during the 5 years following its accrual; and without prejudice to the fact that the services included until full payment are not made or delivered under the responsibility of the buyer. 
- This payment is considered essential for the contractual relationship of the sale and if it is not made effective, the selling party may desist from the operation without any liability and retain the amounts that have already been delivered by the customer.

Prevention of money laundering and terrorist financing.
Within the framework of the execution of the public deed of sale, the Buyer must provide CLIKALIA truthfully and completely in advance of the date of execution of the deed of sale, truthfully and completely, which will manage it on behalf of the property, as much information and documentation as is necessary and required in order to comply with the obligations established under Law 10/2010.  of 28 April and other regulations governing the prevention of money laundering and the financing of terrorism, and expressly authorises CLIKALIA and the Owner of the property subject to sale to carry out the verification updates it deems appropriate for this purpose.
Failure by CLIKALIA to obtain the information and documentation required in the internal policies established to comply with the legislation will be sufficient cause for the Property to be empowered to terminate this purchase and sale contract with the mediation of penitential deposits and refuse to grant the deed of sale of the Property.  without this entailing any type of liability for the Property. In this case, the Buyer will be entitled to obtain the refund of the amount paid to CLIKALIA on behalf of the Property as a penitential deposit, entitleing the seller not to return the amount of €1,000 paid as a reservation as compensation for the management and time used for the processing of the file. When the failure to obtain the information or documentation is due to a lack of diligence or good faith on the part of the buyer, and uses these regulations for the prevention of fraudulent conduct, to mask a non-compliant or withdrawal conduct and thus avoid its obligation derived from the concept of the contractual deposit that is agreed, where appropriate,  The refund of the amount paid will not be valued if it is in accordance with the law.

You accept and declare that you have read and understood the terms and conditions set forth above.

Right to use the web service:
Users have the right to view their personalized data on their own screen, as well as to print it. However, this data may not be used for commercial purposes, for the creation of a database or for industrial use.
Measures aimed at disrupting or hindering the operation of clikalia.es are prohibited. In addition, it is not possible to extract or reuse our offer without written permission. Data extraction and collection programs may not be used without our permission. Integration or linking with our service is not permitted without our express consent. The right to use the service and its functions is only possible within the framework of the current state of technology.
The user grants clikalia.es the unlimited right to reuse online and offline the content that has been transmitted to clikalia.es, as well as the data of their property and the photos taken and related to the valuation of the same.
The presentation and operation of the service may vary depending on the type of access, for example, via the internet or mobile applications. The right to use the service and its functions is only possible within the framework of the current state of technology.

Guarantee:
Clikalia.es does not guarantee any technical errors, in particular the constant and uninterrupted availability of the website or the correct reproduction of the content entered by the user.
In case of unavailability of the offer, you can contact our Customer Service at the e-mail address: hola@clikalia.com.
Likewise, it is reiterated that in these products CLIKALIA is not the owner of the property subject to sale and does not offer any guarantee on it, nor does it acquire responsibility for any defects, whether or not hidden or lack of conformity that may exist. In this sense, CLIKALIA only acts as a mere intermediary, being alien to the relationship between property (seller) and customer (buyer) as well as their rights, obligations, faculties and duties.

Safety:

CLIKALIA informs users that the website uses information security techniques generally accepted in the industry, such as firewalls, access control procedures and cryptographic mechanisms, all in order to prevent unauthorized access to data.
To achieve these purposes, the user/client accepts that the provider obtains data for the purpose of the corresponding authentication of the access controls.

Limitation of Liability:

There can be no guarantee that the service offered will always be available and error-free. Access to clikalia.es may occasionally be interrupted or restricted by maintenance or the introduction of new services and functionalities. Clikalia.es will try to limit the frequency and duration of such interruption.
Consequently, the use of online content is done at the user's own risk and responsibility. In the course of using our website and services, clikalia.es shall be liable unlimitedly for damages caused intentionally or through gross negligence of clikalia.es or through its legal representatives, employees or agents.

Data Protection:
Please refer to our Privacy Policy for information on the protection of personal data.
Intellectual and Industrial Property:

All trademarks, logos, text, images and other data on our website are subject to copyright. By using our site, you do not have the right to use this information further. Modification, processing and use in media of any kind is completely prohibited. Other use is only possible with the prior written consent of clikalia.es.
Unauthorized use of our information, as well as third-party logos or trademarks that appear on our website, violates our rights or the rights of third parties and is therefore not permitted.

Severability Clause:
If any provision of these Terms and Conditions is or proves invalid, the validity of the remaining provisions shall not be affected. This provision may be replaced by other more valid and operative provisions that are as close as possible to the economic purpose intended.

Governing Law, Place of Performance and Jurisdiction:

CLIKALIA MANAGEMENT SERVICES SLU and other entities of the CLIKALIA group will make use of the civil or criminal actions that correspond by law, in the event of any improper use of the web domain. Any disputes that may arise in relation to this Domain and/or these Terms and Conditions shall be governed solely by Spanish law, and shall be submitted to the competent Courts and Tribunals of Madrid.