1. Scope
These general terms and conditions (” GTC “) regulate the contractual relationship between CERRUTI IMMOBILIER SA (CERRUTI REAL ESTATE LTD). Route de l’Aéroport 15, 1215 Genève 15 Aéroport, and registered visitors (” users “) of the Cerruti.ch real estate platform (” real estate platform “). These terms and conditions apply to every use of the real estate platform and to all services offered by Cerruti in connection with the real estate platform, subject to a separate agreement.
All the Properties that are offered for rent or sale on the property platform are duly verified by us. Cerruti is not a party to any contracts in connection with the properties offered on the real estate platform, in particular rental or purchase contracts, does not participate in the conclusion of such a contract and does not represent any of the parties to such a contract.
2. Establishment and termination of the contractual relationship between Cerruti and the user
The contractual relationship between Cerruti and the user comes about through submitting the request on the property page. The contractual relationship between Cerruti and the user can be terminated at any time with immediate effect and without giving reasons. The real estate platform is only available to people with their place of residence or headquarters in Switzerland. By registering, the user assures that he or she is based in Switzerland.
Houses, apartments, rooms, parking spaces etc. in Switzerland (” real estate “) can be offered for rent or sale on the real estate platform, for example by owners, real estate management companies etc. (” advertisers “). Visitors to the real estate platform can search for these offers and users can apply for them (“ interested parties ”). In addition, Cerruti makes certain of its own content and information available on the real estate platform, the subject matter and scope of which can change over time.
Cerruti is entitled to make changes to the real estate platform at any time, for any reason and without prior notice, in particular to expand, change, interrupt, limit or in whole or in part the scope of services, the functionalities, the design or the content of the real estate platform at its own discretion adjust. The user has no right to a continuation or maintenance of the scope of services, the functionalities, the design or the content of the real estate platform.
3. In relation to advertisers (Properties owners)
As advertisers, users can offer properties for rent or sale on the real estate platform. Cerruti is entitled to check advertisements before publication and to refrain from publication without giving reasons. Cerruti is also entitled to remove advertisements that have already been published at any time, without prior notice and without giving reasons, in particular in accordance with Section 4.20. of these terms and conditions.
After the advertisement has been published, the real estate platform provides an overview of the applications received to Cerruti, which enables communication via emails/phone between Cerruti and interested parties who have applied for the property, and enables contact inquiries and visits to be managed digitally. After a contract has been concluded for the property on offer, the advertisement will be removed from the real estate platform, but it can be archived and reactivated if necessary.
4. In relation to interested parties
Users can apply as interested parties in real estate that is offered by Cerruti in relationship with advertisers for rent or sale on the real estate platform. Cerruti is entitled to delete the user’s application dossier if the user is inactive. After the application, Cerruti enables communication via emails/phone between Cerruti and interested parties.
Cerruti can provide the user with additional services that are subject to a fee, which are regulated in separate contracts. Insofar as no special rules are contained in such a separate contract, these terms and conditions apply.
Cerruti can enable the user to purchase services from third-party providers on the real estate platform (e.g. ordering extracts from the debt enforcement register, insurance, relocation and storage services). A contractual relationship for such chargeable additional services comes about exclusively between the user and the third party provider.
5. Newsletter
The user agrees that Cerruti can send him a newsletter by email with other offers that might interest him. You can unsubscribe from the newsletter at any time using the link provided.
All rights to the real estate platform and to the information contained or available therein, in particular rights to the software, equipment, brands, companies and all materials related to the real estate platform, belong exclusively to Cerruti and / or the licensors of Cerruti. Users and visitors to the real estate platform are not granted any rights to the real estate platform or to the information contained therein.
Any rights to property listings or to information contained or available therein are excluded from this regulation. The property owner grants Cerruti a free, irrevocable, transferable and third party sublicensable right to use such rights and information in connection with the respective advertisement. In particular, Cerruti is entitled to publish property listings on the real estate platform or in some other way and to integrate them into its own services or third-party services, to use and evaluate them for its own purposes, to make them accessible to third parties and to pass them on, in particular to also accept advertisements on other channels (e.g. social media) disseminate and publish.
6. User right of use
By registering, Cerruti grants the user a free, non-exclusive, limited-term, non-transferable and non-sublicensable right for the intended use of the real estate platform and the information contained or available therein for the duration of the contractual relationship between the user and Cerruti, and the user is obliged to use the real estate platform only in accordance with this right of use. The intended use of the real estate platform consists for the advertiser in offering real estate for renting or for sale and for the interested party in inquiring about such offers.
Unless otherwise agreed with Cerruti, any further or additional use of the real estate platform or the information contained or available therein is prohibited. In particular, any further use or the making available of the own content made available by Cerruti is not permitted. Likewise, any further utilisation and use of the listings published on the real estate platform is reserved for the Cerruti; the property owners authorises Cerruti to take action against any use of the listings that the property owner has placed on Cerruti in violation of this provision.
Cerruti is entitled to block or delete user accounts or to remove property listings at any time, without prior notice and without giving reasons, in particular if there is a suspicion that a user is using the real estate platform illegally or immorally in violation of these terms and conditions or his user account is unauthorised is being used.
7. Further obligations of the user
The user is obliged not to make the access data to his user account accessible to unauthorised persons.
The property owner is obliged to provide correct and complete information in listings because it would be verified by the Cerruti team before publishing on the real estate platform. In particular, the property owner is obliged to only offer real estate that is actually for rent or sale, which he is entitled to offer and, with the exception of listings for the purpose of finding new tenants, which he can dispose of as the owner, contractor or broker. In addition, the property owner is obliged to notify Cerruti when a contract is concluded for a property offered on the real estate platform, stating the data of the other contracting party, if the contract is concluded with an interested party who has applied for the property via the real estate platform.
The user assures that he will comply with the applicable data protection regulations. The user is obliged to report all violations of these terms and conditions to Cerruti immediately. In particular, the user is obliged to report to Cerruti any unauthorised use of his user account as well as fraudulent listings and applications.
The user is obliged to ensure at his own expense that he has the technical requirements for using the real estate platform and that he has to use the latest technologies when using the real estate platform, in particular the latest version of the respective web browser. When using older or not commonly used technologies, the real estate platform may not be able to be used or only to a limited extent. It is also the responsibility of the user to take the necessary precautions to secure his own systems at his own expense.
8. Disclaimer of Warranties, Liability and Indemnification
The real estate platform is made available for use in the state it is available. Cerruti’’s liability for all damage in connection with the use of the real estate platform is excluded in full. The exclusion of liability applies in particular to damage caused by unauthorised access to a user account, by illegal or immoral behaviour by users or third parties, namely fraudulent advertisements or applications, or by loss or deletion of data (e.g. information stored in the application dossier or advertisements) arises. The exclusion of liability does not apply to damage caused by intent or gross negligence on the part of Cerruti.
The user is obliged to hold Cerruti completely harmless if Cerruti is sued by third parties for damage that can be traced back to actions of the user in connection with the real estate platform, regardless of whether the user is at fault.
9. Changes to the terms and conditions
Cerruti is entitled to change these terms and conditions at any time. The currently valid version of the General Terms and Conditions is available at cerruti.ch. The users will be notified of changes in a suitable form. If the user does not agree to the changes, he has to terminate the contractual relationship with Cerruti within two weeks from the notification of the changes and to delete his user account. Otherwise the changes are considered accepted.
10. Applicable law and place of jurisdiction
The exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationship between Cerruti and the user is Geneva, Switzerland. Claims by Cerruti against the user before another court in recourse and warranty cases remain reserved. The contractual relationship between Cerruti and the user is subject to Swiss law.