BEHOUSY REAL ESTATE ONLINE, S.L. ("BEHOUSY") is a Spanish company with Tax Identification Number: B09688128, whose corporate purpose is the promotion, construction and realization of plots, urbanizations and buildings, as well as the acquisition and disposal of real estate and real estate development, in addition to the exercise of the activities of real estate brokerage.
Our registered office is located at Avda. de CERVANTES, 25 - 03140 Guardamar del Segura (Alicante), and you can contact us by the following means; either by e-mail at the following address: info@behousy.com, or by telephone at the following number: + 34 966 284 737.
For the purposes of these terms and conditions ("Terms and Conditions") and in accordance with the provisions of the applicable legislation, the following definitions shall apply:
In general, these Terms and Conditions regulate the general conditions of the services that can be contracted through the Platform. In this sense, BEHOUSY offers different products and services aimed at three types of profiles: (i) Users; (ii) Professionals and (iii) Advertisers.
This document contains the terms and conditions governing the use of the website and the contracting of services through Esphouses web (hereinafter, the "Platform") whose owner is BEHOUSY.
As soon as you register on the Platform as a professional user (hereinafter, "Professional User"), please read our Terms and Conditions carefully.
As a complement to these Terms and Conditions, BEHOUSY makes available to you the Privacy Policy and Cookies Policy that regulate the access and navigation through the Platform of all profiles that make use of it. The access and use of the Platform on your part, presupposes that you have accepted in its entirety, and is obliged to comply fully with these Terms and Conditions.
In addition, it is possible that BEHOUSY may decide to increase or restrict the type of products and services that are made available on the Platform, as well as to modify the Terms and Conditions under which they are provided.
These Terms and Conditions regulate the relationship between BEHOUSY and the Professional User, especially those general conditions relating to the use of the Platform by the Professional User.
BEHOUSY, as a provider of online intermediation services, makes the Platform available to the Professional User so that he/she can advertise his/her business activity and access a network of potential clients. In this regard, BEHOUSY will provide the following online intermediation services (the "Services") to the Professional User:
As a Professional User, you acknowledge that the mere fact that BEHOUSY offers the Services does not imply that BEHOUSY is responsible, in any way, for the uses and purposes for which the Platform is used, nor for the information that may be hosted on the Platform.
BEHOUSY acts as a mere intermediary to facilitate transactions on the Platform between users who register on the Platform as consumers, acting as a meeting point for interests related to real estate activity.
In BEHOUSY we have created the Platform as an intermediation portal, where we put in common the interests of private users, advertisers and professionals to, depending on the profile:
BEHOUSY makes the Platform available to the Professional User so that it can reach a wide audience of consumers who, at some point, decide to contract its services.
Registration on the Platform is free of charge. It will be done through the Website, and it will be necessary to provide a series of minimum data to complete the form for professional registration (the "Professional Registration"). To do so, you will be required to provide the following information: company details, including name and contact telephone number, with the code of the country to which the number belongs, Spanish NIF or corresponding tax identification number, bank account, email and password. In addition, you must indicate the type of activity you wish to advertise on the Platform.
Once registration is complete, you will be able to access your account and begin your experience as a Professional User.
The Professional Registration will allow you to make yourself known and launch offers, promotions, and contact with potential future customers. When using the Platform, the activities you will be able to advertise fall into one of the following categories:
In the event that the activity or service does not fall within these categories, you may describe another type of service, provided that it is related to the real estate sector. In this sense, in BEHOUSY we reserve the right to decide on the relevance and appropriateness of the services that are advertised on the Platform that, without being included in the above letters, may cause harm or damage to the image of the Platform.
The prices and conditions associated with these services are considered particular contracting conditions (hereinafter, the "Particular Conditions") with respect to these Terms and Conditions, in which BEHOUSY has not had and cannot have any type of intervention. Therefore, we are not responsible for the prices that, eventually, may be set, nor for the type of discount and offer that, as a Professional User, may be established in the rates.
In this sense, BEHOUSY recalls the negotiating capacity of the contracting parties, so we can never intervene in aspects related to the terms and clauses resulting from having reached an agreement of purchase and / or provision of services.
The Professional User's relationship with BEHOUSY is subject to the provisions of Regulation 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for professional users of online intermediation services (the "Regulation (EU) 2019/1150").
BEHOUSY offers the Services described in section 4. By registering and using the Website, the Professional User accepts the terms and conditions of use, as well as the content of these Terms and Conditions in the relationship with the Platform, as well as with the rest of the Users that make up the Platform.
BEHOUSY, makes available to the Professional User the ability to post ads offering the provision of services related to real estate.
When a user makes a search, the advertisements will be shown according to an order of preference. There is the possibility of applying selection filters to narrow down the list of results, and therefore, the ads will always be displayed according to the preferences chosen by the users of the Platform: price, date, place of service provision, and other filters that may be established in its design.
The ads must be related to the provision of professional services described in point 6 above. The ads must contain, at least, the following information:
From BEHOUSY we make an effort so that the announcements present an optimal quality and information in order to offer the best offers of the market. To this end, at the time of publication of the advertisement, the Professional User will be asked for specific and detailed information to fill in certain minimum fields, which ensure homogeneity in the content of the advertisements for the provision of professional services.
Subsequently, our team can verify the information submitted, by means of defined control and verification systems. In any case, BEHOUSY will not be responsible for the information contained in the ads describing the provision of professional services, nor for the particular conditions of hiring that they contain and that must be accepted by consumers.
The Platform will request basic information regarding the category of service, place of service delivery, as well as price and / or applicable rates and promotions and discounts. All this information will be presented to other users of the Platform, so that they can hire the advertised professional services.
As for the price that the Professional User sets in their ads, BEHOUSY may make recommendations of the same, according to market prices and prices advertised by other professional users. In any case, such recommendation is for guidance only, and may be accepted or rejected by the Professional User, who may set the price he/she deems appropriate.
In any case, the Professional User is free to set the price of their services, which may do from the moment you register on the Platform.
In BEHOUSY we do not set the prices of the professional services advertised, nor will we ever do so.
It is forbidden any advertisement with any of the following characteristics:
It is also prohibited, and may be subject to removal by BEHOUSY, any advertisement containing false, inaccurate or misleading information to consumers. In such situations, BEHOUSY may remove the advertisement without notice.
As a Professional User, you will be able to publish as many ads as you need, on a monthly or annual payment basis. You can consult the pricing policy for Professional Users through this link.
Likewise, you will be able to benefit from the offers and promotions that BEHOUSY approves for the publication of ads, and that will be made known through the Platform.
The ads you hire will be promoted by the Platform, guaranteeing a minimum number of views per month.
Please note that, as a Professional User, you are obliged to comply with the rules of publication of ads that we have developed from BEHOUSY for our community to be a reference portal of quality as a real estate portal. We kindly ask you to pay attention to these publication rules so that your ad complies with BEHOUSY's quality standards. In addition to these rules, you will find recommendations to enhance the attractiveness of the ad, and to reach a wider network of potential customers.
Contracting with consumers shall be governed in accordance with the provisions of the applicable regulations in force at the time of contracting. In any case, the provisions of the special regulations on consumers and users must be observed, as well as the provisions of the regulations on electronic commerce and the information society.
The information contained in the advertisement will be incorporated, and will become part of the resulting service contract between the Professional User and the consumer who has opted for the contracting of the services.
The content and clauses that are incorporated will be considered as particular conditions of the contract. BEHOUSY, as a provider of online intermediation services, is not responsible for the content of the contract, and is not liable for the content or the stipulations that may finally be agreed upon.
As a Professional User, it may modify at any time the conditions under which it provides its services, before contacting a consumer. The publication of the advertisement constitutes an offer of services to the content of which the Professional User commits himself. The consumer who wishes to contract the services described in the advertisement must accept the terms and conditions described therein.
To contract with consumers, it will be necessary to access the Website and submit their ads on the Platform. Once the consumer proceeds to hire the services of the Professional User, a window or chatbox will open for a conversation between the Professional User and the consumer, where they can determine the details of the service. This conversation will be stored on the Platform.
The Professional User shall be bound to the performance of the service contract with the consumer, as well as to the observance of these Terms and Conditions.
The Professional User may consult, at any time, the contracting history made through the Platform.
The consumer will pay the services through the Platform to the Professional User from which BEHOUSY will retain the commission previously known and agreed with the Professional User, in the manner detailed in the following paragraphs.
The Professional User may suspend the execution of the contract in cases of force majeure that prevent the execution of the contract. Force majeure shall be understood to mean any event beyond the Professional User's control which could not have been foreseen at the time of conclusion of the contract and whose effects could not have been avoided by the use of appropriate measures, thus preventing performance of the contract. Likewise, the notion of force majeure in accordance with Spanish law shall apply.
After the provision of the service, it is offered the possibility of evaluating the services provided, so that the Professional User may be evaluated by a star rating system, based on the parameters set from the Platform. This rating will not include comments, and will be public for the BEHOUSY community.
BEHOUSY will previously indicate to the Professional User the percentage of commission that will be deducted from the corresponding payment made by the consumer for the provision of services contracted through the Platform, which is set at 10% of the value of the transaction.
The Professional User must provide their bank details during the Professional Registration so that the price of transactions concluded on the Platform can be transferred to your bank account. These details may be changed at any time.
Payment for services will be made through the Platform, so BEHOUSY will transfer the corresponding amounts for the provision of contracted services, subtracting the corresponding commission to the Platform for intermediation work, in accordance with paragraph 7.7 above.
In addition, the Platform incorporates an online payment service for the procurement of products and services presented by users of the Platform. BEHOUSY uses a third party provider which is the payment platform PayComet of Banco Sabadell(https://www.paycomet.com/politica-de-privacidad) that processes the payment and stores the information provided to the credit or debit card (cardholder, card number, expiration date) or any other means of payment that may be offered.
Also, the third party financial service provider may establish security mechanisms that involve providing additional data, such as telephone numbers or e-mail, in order to complete the transaction securely.
In accordance with the current legislative framework, the intermediation activity of BEHOUSY is subject to the provisions of Law 34/2002, of July 11, 2002, on information society services and electronic commerce. Based on this, in BEHOUSY we provide intermediation services, therefore, we are subject to the liability regime of the intermediaries of the information society.
In this sense, in BEHOUSY we are not responsible for the information provided by the recipients of the services, to the extent that we cannot have control of the information that they make public, at the same time we do not have the legal obligation to supervise all the contents hosted on the Web Site. However, and in order to make Esphouses a safe and suitable environment for its purposes, if you consider that any of the contents hosted on our Website is inappropriate, illegal or unrelated to the real estate activity, you can contact us, indicating the ad or content in question, and our team will study your request. We will analyze the request and, after the appropriate weighing of interests, we will proceed to the removal of the content or, otherwise, we will motivate the reasons why we consider that the content reported complies with the purposes and serves the purposes of Esphouses.
If you need more information about the liability regime of information society intermediaries and its scope, please do not hesitate to contact us.
By accepting these Terms and Conditions, you acknowledge that all content displayed on the Website is the property of BEHOUSY.
Specifically, these contents refer to the following elements: the layout of the contents, the sui generis right over the databases, the graphic design and interface of the user profiles (look & feel), the underlying computer programs (including source and object codes), as well as the various elements integrated therein (texts, graphics, photographs, videos, sound recordings, etc.).
Regarding the distinctive signs and trademarks, they are owned by BEHOUSY and are duly registered with the Patent and Trademark Office.
All these elements are protected by copyright owned by BEHOUSY. This implies that you may not alter, manipulate or damage any of these elements.
Regarding all of them, BEHOUSY warns that access and registration to Esphouses does not imply any kind of waiver, transmission, license or total or partial transfer of such rights, unless otherwise expressly stated. These Terms and Conditions do not grant the recipients of the services any other right of use, alteration, exploitation, reproduction, distribution or public communication of Esphouses or its elements. In any case, any action that implies a use or exploitation must be previously authorized by BEHOUSY.
The acceptance of these Terms and Conditions grants you a non-exclusive authorization to use Esphouses for any of the proposed purposes, in accordance with the present document.
It is possible that in Esphouses you may find technical linking devices that allow you to access other websites and contents of third parties. In these cases, BEHOUSY cannot know or guarantee the content that you will find, and therefore, we will not be responsible for the services and content provided through the linked websites.
Likewise, the inclusion of links in Esphouses is not considered as a recommendation or promotion of their content, or the identification and conformity with them. Consequently, BEHOUSY is not responsible for the content of the linked websites, nor for their terms of use and privacy policies, and you are solely responsible for checking and accepting them each time you access and use them.
If you believe that any of the links contained in Esphouses redirects to illegal, violent or inappropriate content, or content that is not related to the activities we develop, you can request its removal by contacting us at info@behousy.com. However, such communication shall in no case entail the obligation of BEHOUSY to remove the corresponding link and/or content, nor does it necessarily imply BEHOUSY 's effective knowledge of the unlawfulness of the contents of the linked Web Site, for the purposes of the provisions of current legislation.
The aspects relating to the treatment of personal data in connection with the use of this Web Site are regulated in the Privacy Policy document.
If, as a User, you are subject to a claim, action or demand from third parties based on your use of Esphouses, you will defend, indemnify and hold BEHOUSY harmless against any damages arising from the exercise of such actions.
In the case of minors or incapable persons, the responsibility shall be borne by their parents, representatives or legal guardians, who must accompany, supervise or take the appropriate precautions during their browsing of the web pages.
In the event that you fail to comply with the obligations arising from the acceptance of this document, you will be held responsible and will indemnify BEHOUSY for all damages that may arise from your failure to comply.
BEHOUSY reserves the right to modify, at any time, part or all of the contents of these Terms and Conditions. Therefore, we invite you to periodically review their content.
The modification of these Terms and Conditions may have the purpose, without being exclusive, based on any of the following purposes:
Also, and in accordance with current legislation, we inform you that any change or modification to these Terms and Conditions will be notified to you in advance, within a reasonable and proportionate period of time regarding the nature and scope of the intended change, as well as the consequence it will have for you as a Professional User. The period of notice prior to the modification shall be fifteen (15) calendar days. In the event that the modification involves technical or commercial adjustments to be made by the Professional User, such period may be extended, depending on the nature and extent of the change.
Such notice period may be waived when BEHOUSY is required to modify the Terms and Conditions in compliance with a legal or regulatory obligation that requires us to modify their content in a way that does not allow us to respect the notice period, and in the event that we must modify the content to address an unforeseen and imminent danger related to the defense of the Services, consumers or Professional Users against fraud, malware, spam, data security breaches or other cybersecurity risks.
In the period of time between the modification of these Terms and Conditions and their final modification, the offering of new Services by the Platform
If any clause contained herein is declared totally or partially invalid or ineffective, such invalidity or ineffectiveness shall only affect such provision or part thereof that is invalid or ineffective, subsisting in all other respects, considering such provision in whole or in part by not included.
In accordance with article 3 of the LSSICE, the relations established between BEHOUSY and the Professional User shall be governed by the provisions of the legal texts of the Web Site and by the applicable Spanish legislation, with the express exclusion of any foral law. The parties submit, at their option, for the resolution of conflicts and renouncing any other jurisdiction, to the courts and tribunals of the city of Alicante.
If you are contracting as a consumer, nothing in this clause shall affect the rights of the parties.
