General terms and conditions

In these general terms and conditions, the following definitions apply:

• Woning in Spanje Kopen: the trading name under which we offer our services, established in Amsterdam, hereinafter also "we", "us" or "the service provider".
• Client: the natural person or legal entity interested in purchasing a home in Spain with whom we enter into an assignment or agreement, hereinafter also "you" or "the buyer".
• Developer or selling party: the project developer, estate agent or owner offering a property for sale.
• Services: the search, selection, proposal and guidance in the purchase of a home in Spain, as described in article 3.
• Agreement: any arrangement between you and us regarding the services, whether established orally, in writing or digitally.

These terms and conditions apply to every request, offer, assignment and agreement between you and us, and to all services we provide in connection with the purchase of a home in Spain.

By using our website, filling in a form or entering into a conversation with us, you agree to these terms and conditions.

Deviations from these terms and conditions only apply if we have confirmed them in writing. Any own terms and conditions of the client are expressly rejected.

We guide you in finding and purchasing a home in Spain. Our services may include: mapping out your housing wishes and budget, selecting and proposing properties (both from our own offering and the broader market), organizing viewings and viewing trips, guiding the purchase process and referring you to suitable parties such as a lawyer, gestoría or mortgage advisor.

Our services constitute a best-efforts obligation and expressly not an obligation to achieve a result. We make our best efforts to find a suitable property, but do not guarantee that a suitable property will be found, that a purchase will be completed or that a negotiation will succeed.

We are not a party to the purchase agreement between you and the selling party. We act as an intermediary and guide and do not take on any obligations of the buyer or seller.

Our guidance with the purchase is in principle free of charge for you as a buyer. Our remuneration is typically received from the developer or selling party in the form of a commission on a completed purchase.

We value transparency. When we receive remuneration for a particular property or developer, you may assume that this does not release us from our commitment to advise you honestly and in your interest.

Should costs be charged to you in a specific case (for example, for a custom additional assignment), we will agree this with you in writing in advance.

We are not lawyers, notaries, tax advisors or building inspectors. Our information and guidance are of a general and supportive nature and should not be construed as legal, tax, financial or construction advice.

We strongly advise you to engage an independent Spanish lawyer for every purchase for the legal check (ownership, encumbrances, permits, registrations) and to seek tax and construction advice if necessary. The choice for and agreements with these parties are your own responsibility.

Information about properties (such as prices, surface areas, features, floor plans, delivery dates and photos) comes largely from third parties, including developers and selling parties. We strive for accuracy, but cannot guarantee the accuracy, completeness or timeliness thereof.

No rights can be derived from the information provided on the website or in our communications. Offerings are without obligation and may change or no longer be available. Calculation and calculator results are indicative.

Viewings and viewing trips take place at the client's own risk. Travel, accommodation and associated costs are borne by the client, unless otherwise agreed in writing in advance.

We are not liable for changes in planning, availability of properties or the actions of third parties during a viewing or trip.

If you wish financing, we can put you in touch with a fixed mortgage partner. We do not provide financing ourselves and do not give financial advice within the meaning of the law.

We do not guarantee that a mortgage or financing will be provided, nor under what conditions. The assessment and provision lie entirely with the relevant lender or advisor.

A purchase agreement is concluded between you and the selling party, typically through a Spanish notary and under Spanish law. We are not a contracting party in this and bear no responsibility for the content, execution or compliance of that agreement.

Payments in the context of a purchase (such as reservations, deposits and the purchase price) flow directly between you and the selling party or through the notary or lawyer. We do not receive or manage purchase funds on your behalf.

Our liability is limited to what is determined in this article. We are only liable for direct damage that is the direct and demonstrable consequence of a shortcoming attributable to us in our services.

We are not liable for: the condition, characteristics or (hidden) defects of a property; the actions or omissions of developers, sellers, notaries, lawyers, gestorías, mortgage advisors or other third parties; incorrect or incomplete information from third parties; tax, legal or currency risks; property value development; or consequential damage, lost profits, missed savings and immaterial damage.

Insofar as we are liable despite the above, our liability is limited to the amount we received as remuneration for the relevant assignment, and in the absence thereof to a maximum of €1,000. All liability expires twelve months after the event from which the damage arose.

The limitations in this article do not apply in case of intent or conscious recklessness on our part.

We are not obliged to fulfil any obligation if we are prevented from doing so by force majeure. This includes disruptions, government measures, third-party failures and all circumstances beyond our reasonable sphere of influence.

We process your personal data in accordance with the General Data Protection Regulation (GDPR). How we do this can be read in our privacy statement.

All content on our website and in our communications (texts, photos, design, guides and reports) is our property or that of our licensors. Use, reproduction or publication without our prior written permission is not permitted.

If you are not satisfied, please let us know via demy@woninginspanjekopen.com. We take every complaint seriously and aim to respond substantively within fourteen days, so that we can resolve it together.

An assignment continues until it is terminated by you or by us, or until the services have been completed. Both parties may terminate the collaboration at any time in writing, without any costs being owed, unless otherwise agreed in writing in advance.

Dutch law applies to these terms and conditions and to our services. We prefer to resolve disputes through mutual consultation first. If we cannot reach an agreement, disputes will be submitted to the competent court in the Amsterdam district.

The purchase of the property itself and the associated agreements are governed by Spanish law; these terms and conditions do not apply to that.

We may amend these terms and conditions from time to time. The most current version is always on our website. For an ongoing assignment, the terms and conditions that applied at the time of entering into it remain in force.