Terms & Conditions
General Terms and Conditions of INIQ Real Estate GmbH As of: January 2026
§ 1 Scope
(1) These General Terms and Conditions (hereinafter “GTC”) apply to all business relationships between INIQ Real Estate GmbH, Am Moor 128, 28876 Oyten (hereinafter “INIQ” or “we”) and its contractual partners (hereinafter “customer” or “you”). (2) These GTC apply to the following business areas of INIQ Real Estate GmbH: • Trading in real estate (purchase, renovation, sale) • Letting of real estate • Trading in goods related to the home (windows, doors, railings, fences, etc.) • Installation work on the traded goods (installation of windows, doors, railings, fences, etc.) (3) These GTC apply exclusively. Conflicting or deviating terms of the customer will not be recognized unless we have expressly agreed to their validity in writing. (4) These GTC also apply to all future business with the customer, insofar as it concerns legal transactions of a related nature. (5) A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly outside their commercial or independent professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
§ 2 Conclusion of contract
(1) Our offers are subject to change and non-binding, unless expressly designated as binding or containing a specific acceptance period. (2) The customer's order is considered a binding offer to contract. Unless otherwise stated in the order, we are entitled to accept this offer within five days of its receipt. (3) Acceptance takes place either by written order confirmation, by performance of the service, or by request for payment. (4) The written order confirmation including these GTC is decisive for the content of the contract. (5) For online orders, the contract text is stored after the contract is concluded and sent to the customer in text form. If the customer has set up a user account, the order data will be archived and can be retrieved free of charge. (6) Only the German language is available for the conclusion of the contract.
§ 3 Prices and payment terms
(1) The prices valid at the time of order confirmation apply. All prices are subject to the statutory value added tax. (2) Unless otherwise agreed, our claims are due for payment immediately after invoicing without deduction. (3) In the event of default of payment, default interest of 9 percentage points above the base interest rate for transactions with consumers and 12 percentage points above the base interest rate for transactions with entrepreneurs will be charged. (4) The customer is only entitled to offset if their counterclaims have been legally established or are undisputed. The customer may only exercise a right of retention insofar as their counterclaim is based on the same contractual relationship. (5) For real estate transactions, the special payment terms agreed in the purchase contract apply. (6) We are entitled to demand reasonable advance payments.
§ 4 Delivery and performance time
(1) Delivery dates or deadlines are only binding if we have expressly confirmed them in writing as binding. (2) Delivery dates and deadlines shall be extended reasonably in the event of measures within the framework of labor disputes, in particular strikes and lockouts, as well as in the event of unforeseeable obstacles outside our control, including force majeure, natural disasters, epidemics, warlike conflicts, terrorism, sabotage, lack of labor, energy, or raw materials. (3) We are entitled to partial deliveries, insofar as they are reasonable for the customer. (4) For installation work, the customer is obliged to create the necessary conditions at the installation site and to inform us in good time of any special circumstances. (5) For goods delivered by freight forwarder, delivery is “curbside”, unless otherwise agreed. (6) If the transport company returns the dispatched goods because delivery was not possible, the customer shall bear the costs of the unsuccessful shipment, unless they are not responsible for the circumstances.
§ 5 Transfer of risk
(1) The risk passes to the customer upon delivery of the goods to the customer or to a person commissioned by them. (2) In the case of installation work, the risk passes upon acceptance of the installation. (3) For real estate transactions, the transfer of risk is governed by the provisions of the notarial purchase contract.
§ 6 Retention of title
(1) We reserve title to the delivered goods until full payment of all claims arising from the business relationship. (2) In the event of breach of contract by the customer, in particular default of payment, we are entitled to take back the goods. Taking back the goods constitutes a withdrawal from the contract. (3) The customer is obliged to handle goods subject to retention of title with care and to adequately insure them against theft, breakage, fire, water and other damage.
§ 7 Warranty
(1) We are liable for defects in goods or services in accordance with statutory provisions. (2) Claims for defects expire after two years for consumers and after one year for entrepreneurs, in each case from the delivery of the goods or acceptance of the service. (3) For real estate transactions, the special warranty provisions agreed in the purchase contract apply. (4) For used goods, the warranty is excluded to the extent permitted by law. (5) Customers are asked to report goods with obvious transport damage to the deliverer upon receipt and to inform us thereof. This does not affect statutory claims for defects.
§ 8 Liability
(1) INIQ's liability is governed exclusively by these general terms and conditions. Further claims by the customer, on any legal basis, in particular claims for damages, are excluded. This applies in particular to claims for compensation for lost profits and other financial losses, in particular those not occurring on the item itself, as well as personal injury. (2) The above limitation of liability does not apply if the damage was caused by intent or gross negligence. The existence of intent or gross negligence must be proven by the injured party. (3) A claim for damages must be asserted in court within one year of becoming aware of the damage and the party causing it; otherwise the claim expires. The claim is limited to the amount of the contractually agreed invoice sum. (4) There is no insurance from INIQ for rental properties. (5) INIQ is not liable to the tenant for direct or indirect damages, in particular injury to persons, damage to goods that are not the subject of the contract, and other damages, as well as for lost profits, unless the claimant proves in the specific case that INIQ is responsible for gross negligence or intent. (6) A claim for damages arising from a rental agreement must be asserted within one year of becoming aware of the damage and the party causing it; otherwise the claim expires. In addition, the claim for damages is limited to the amount of the agreed total net rent. (7) These principles also apply to the liability of vicarious agents and assistants. (8) The tenant must inspect the rental property immediately and carefully and notify INIQ in writing of any defects without delay. If defects arise after the transfer of risk to the tenant, or if defects existing at the time of handover are not reported immediately, INIQ's claim for payment of rent shall continue. In this case, the tenant is obliged to pay the monthly rent due until the end of the contract term.
§ 9 Data protection
(1) We process the customer's personal data for the purpose of processing and fulfilling the contract in accordance with the provisions of the General Data Protection Regulation (GDPR). (2) Detailed information on data protection can be found in our privacy policy, which is available on our website. (3) The customer must ensure that the e-mail address provided is correct so that our e-mails can be received. For SPAM filters, ensure that all e-mails sent by us can be delivered.
§ 10 Special provisions for real estate transactions
(1) For real estate transactions, the provisions of the notarial purchase contract apply additionally. (2) Viewing appointments are carried out by prior arrangement. (3) All information about real estate is provided to the best of our knowledge, but without guarantee of completeness and correctness.
§ 11 Special provisions for letting
(1) The provisions of the rental agreement apply additionally to rental relationships. (2) The deposit must be paid upon conclusion of the contract.
§ 12 Special provisions for installation work
(1) Scope of installation work: Unless otherwise agreed in writing, installation includes the assembly of the individual components, alignment and fixing, adjustment and testing, as well as necessary auxiliary measures. (2) Customer's duty to cooperate: The customer must support us in carrying out the installation work at their expense and ensure that the work can be carried out according to the agreed schedule. (3) Technical assistance: For installation work on the customer's premises, the customer is obliged to provide the following prerequisites: • Electrical, network and compressed air connections according to specification • Provision of and free access to a suitable installation area • Suitable lifting equipment for loading, unloading and installation • Weatherproof and theft-proof storage area • Provision of the necessary auxiliary personnel in the required number (4) Occupational safety: The customer must take the necessary measures to protect persons and property at the installation site and inform us of existing safety regulations. (5) Acceptance: The customer is obliged to accept the installation work as soon as they have been notified of its completion. Acceptance may not be refused on the grounds of non-essential defects. (6) Warranty for installation work: The warranty period for new parts is 12 months, for used parts 6 months, in each case from acceptance. (7) Additional costs due to unforeseeable circumstances are borne by the customer.
§ 13 Right of withdrawal
(1) Consumers are generally entitled to a right of withdrawal. (2) In the case of delivery of goods that are not prefabricated and for whose manufacture an individual selection or determination by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer, there is no right of withdrawal according to the legal provisions. (3) More detailed information on the right of withdrawal can be found in our separate cancellation policy.
§ 14 Final provisions
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. (2) The place of performance and jurisdiction is Bremen, insofar as the customer is a merchant, a legal entity under public law, or a special fund under public law. (3) Should individual provisions of these GTC be or become invalid, this does not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid one that comes closest to the economic purpose of the invalid provision.
INIQ Real Estate GmbH Am Moor 128 28876 Oyten Phone: +43 664 418 86 38 E-mail: eggers@iniq.net or mesalic@iniq.net Commercial Register: HRB 213103, Local Court of Walsrode Managing Directors: Omar Mesalic, Dominik Eggers VAT ID: DE457891735
