Imprint
Details of the owner of the websites listed below and the company operating the business (hereinafter referred to as the “Service Provider” and “Data Controller”):
Company name: Sole proprietorship: elladoor by Tabik-Lamik
Registered office address: Sängergasse 16, CH-4054 Basel, Switzerland
Bank account (EUR): CH04 0027 4274 1928 3241 P
BIC (SWIFT) code: UBSWCHZH80A
PayPal: ella@elladoor.com
Managing Director: Zsanett Tábik
E-mail: ella@elladoor.com
Availability: 09:00 – 17:00 (Monday to Friday, on working days)
Website: www.elladoor.com
Subpages: www.elladoor.hu, www.elladoor.hr, www.elladoor.eu, www.elladoor.de, www.elladoor.at, www.elladoor.ch, www.elladoor.es,
www.elladoor.uk, www.elladoor.fr, www.elladoor.it, www.elladoor.nl.
TERMS AND CONDITIONS
By placing an online advertising order, the Client automatically accepts these General Terms and Conditions (hereinafter: “GTC”). If you fully agree with the content set out below, please tick the empty checkbox labelled “By placing my order I accept the General Terms and Conditions and the Privacy and Data Protection Notice, and I hereby consent to the processing of my personal data!” before submitting your order.
The Privacy and Data Protection Notice, which can be viewed as a separate document, forms an integral and inseparable part of these GTC. These GTC exclusively regulate transactions related to the ordering and display of online advertisements.
1. GENERAL PROVISIONS, SCOPE OF THE GENERAL TERMS AND CONDITIONS
1.1. DEFINITIONS AND TERMS
The term General Terms and Conditions shall hereinafter be referred to as: GTC.
The owner of the websites listed above, who is also the company operating the business (hereinafter: the “Service Provider”), is a business lawfully registered in Switzerland, engaged in the multilingual advertising of real estate.
Users viewing, reading and using the Website shall hereinafter collectively be referred to as: Users, and the use of the Website as: Use.
The service contract concluded with the Service Provider under the specific rules of the conclusion of contracts by electronic means shall hereinafter be referred to as: the Contract.
Clients, buyers, resellers and business partners in a contractual relationship with the Service Provider shall hereinafter be referred to as: Clients.
Articles, texts, image descriptions, images, photographs and other content and format elements appearing on the Website shall hereinafter be collectively referred to as: Content and format elements.
The date of commencement of the validity of these GTC shall hereinafter be referred to as: the Effective Date.
1.2. ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS
If the User wishes to use any real estate advertising service of the Website, they are required to accept the conditions of these GTC before ordering the Service. This shall be done by actively ticking the empty checkbox with the following wording at the end of the online forms to be completed in the DROPDOWN SUB-MENUS of the POST AN AD menu on the elladoor.com website:
“By placing my order I accept the General Terms and Conditions and the Privacy and Data Protection Notice, and I hereby consent to the processing of my personal data!”
1.2.1.
If the conditions of the GTC are accepted, a contract in accordance with these GTC is concluded between the Service Provider and the User of the Website.
1.2.2.
If the User does not accept the terms of the GTC, they may not use the services of the Website and therefore may not place an advertising order.
1.2.3.
These GTC contain the rules applicable to the Users, the use of the Website, the Contract and the Clients. The provisions relating to the Website shall apply equally to all subpages of the Website.
1.2.4.
The Effective Date of these GTC is the date indicated at the end of the GTC, which is also the date of their publication on the Website. The provisions of the GTC shall apply to all Users and Clients from the Effective Date. The User, by using the Website, and the Client, by concluding the relevant Contract, acknowledges that they are aware of the GTC in force at any time: they have read, understood, taken note of and expressly accepted the provisions of the GTC. By concluding the relevant Contract, the Client acknowledges that the GTC in force at any time forms an integral and inseparable part and annex of the Contract(s).
1.2.4.1.
The temporal scope of the GTC in force at any time extends to the date of Use, the duration of Use and, without time limitation, to the period thereafter, as well as to the duration of the contractual relationship established by the conclusion of the Contract and, without time limitation, to the period following the termination of the given Contract.
1.2.5.
The Service Provider reserves the right to unilaterally amend the GTC at any time, which fact the User and the Client expressly accept. The Service Provider ensures that the GTC in force are continuously available under the General Terms and Conditions menu item in the footer menu of the elladoor.com website.
1.2.6.
All Uses and contractual relationships shall be governed by the provisions of the GTC in force on the date of Use or on the date of conclusion of the Contract. For ease of access, the Service Provider also sends the applicable GTC to the Client by e-mail, together with the Invoice, after confirming the Client’s order.
2. THE ORDERING AND PERFORMANCE PROCESS STEP BY STEP
2.1. DESCRIPTION AND PRICES OF THE SERVICE
2.1.1.
The current description of the Service can be viewed by Users under the HOME menu item on the elladoor.com website.
2.1.2.
The current gross prices of the Service, which include the applicable Swiss VAT of 0–8.1%, are published in euro (EUR) under the POST AN AD menu item on the elladoor.com website. As a company registered in Switzerland, the Service Provider issues the Invoice for the Client in Hungarian/German/other language (or, for foreign clients, in English or German) after receipt of payment, by way of intra-Community supply of services.
2.1.3.
The Client acknowledges that the Service Provider prepares translations from Hungarian into foreign languages (German, English, Spanish, French, Croatian, Italian, Dutch) using an automated translation program. The Service Provider accepts no liability for any translation deficiencies, errors, quality issues, misleading translations or translation errors arising from errors, omissions, lack of clarity, linguistic or grammatical errors in the source text produced by the translation program. Stylistic improvements (modifications), as well as the inadequate translation of specific technical terms (in particular sector-specific terms or internal terminology, abbreviations created or used by the Client) do not qualify as translation errors.
2.1.4.
The Client may pay the Service Fee in euro via the Stripe and PayPal payment systems; if this is not possible, payment may be made in euro by bank transfer to the Service Provider’s euro-based Swiss bank account (in the case of bank transfer, the transfer costs shall be borne by the Client).
2.2. POSTING AN ADVERTISEMENT
2.2.1.
Displaying (opening) the elladoor.com website in an internet browser on a PC or mobile device.
2.2.2.
Posting an advertisement by selecting the POST AN AD menu and completing the multilingual order form. A maximum of one property may be advertised per advertisement.
2.2.3.
Completion of the advertising form in a logical manner and checking the data provided. All fields highlighted with a red frame and appearing after pressing the POST AN AD button (completion, selection, ticking) are mandatory.
2.2.4.
Uploading images, photos, drawings and floor plans depicting the property is possible via the upload buttons provided in the form.
2.2.4.1.
Files to be uploaded may have the following extensions: jpg, jpeg, png, tif, tiff, bmp.
2.2.4.2.
The size of a single file to be uploaded must not exceed 32 MB. The Service Provider has set a maximum limit on the number of images (max. 12 images), therefore the Client is not entitled to upload more images than the specified number for a given advertisement. If the Client nevertheless exceeds the maximum number of images, the Service Provider is entitled to delete the excess images. The Client acknowledges that in such cases the Service Provider will, at its own discretion, select which images will appear in the advertisement, and delete the others without prior consultation.
2.2.4.3.
The Client accepts as binding the requirement of the Service Provider that the images uploaded by the Client have at least the minimum resolution of 1 megapixel (MP). The Service Provider may refuse to process and display images or graphics with lower resolution and may request the Client to upload new, higher-resolution images.
2.2.4.4.
The Client accepts the Service Provider’s requirement that the images to be uploaded must not contain any watermark, company logo, reference to another advertising site, website address or contact information. If the Client uploads such images, they acknowledge that such images may be deleted without further justification.
2.2.4.5.
The Client irrevocably accepts that under no circumstances may they withdraw from the Contract on the grounds that they are unable to upload images of adequate quality and/or quantity for the advertisement.
2.2.4.6.
The Client accepts the Service Provider’s requirement that neither after uploading the images nor after activation of the advertisement may the Client upload further images to the advertisement.
2.2.5.
Ticking the empty checkbox reading “By placing my order I accept the General Terms and Conditions and the Privacy and Data Protection Notice, and I hereby consent to the processing of my personal data!” at the bottom of the form, then pressing the POST AN AD button.
2.2.6.
By placing the order, the Client understands and expressly accepts that they undertake a payment obligation towards the Service Provider. The Service Fee is payable via the Stripe and/or PayPal payment interfaces. After completing the form under the POST AN AD menu and pressing the POST AN AD button, the Client is automatically redirected to the selection of an advertising package, and by pressing the SELECT AND PAY button, the Client is automatically redirected to the Stripe and/or PayPal payment interface.
2.3. CONFIRMATION OF THE ORDER
2.3.1.
If the Client has correctly completed the order form, no prior clarification or content modification is required from the Service Provider, and the payment obligation has been fulfilled, the Service Provider will, within 24 hours, send the Client by e-mail the activated link of the Advertisement and the electronic Invoice for the Service Fee.
2.3.1.1.
The confirmation e-mail contains, as an attachment, the electronic Invoice for the Service Fee, as well as the then-current GTC and the Privacy and Data Protection Notice as annexes. The Client may read, save or print the contents of the GTC and the Privacy and Data Protection Notice. The storage and retention of the e-mail sent by the Service Provider – including the then-current GTC and Privacy and Data Protection Notice – is the responsibility of the Client.
2.3.1.2.
If the Client is entitled to use a coupon code received from the Service Provider and has correctly entered it on the order form, the modification resulting from the coupon code (e.g. discount on the fee, extension of the term) will be automatically applied in the pro forma invoice, in the Invoice, and will also be considered when the advertisement is activated.
2.3.1.3.
The Client hereby acknowledges that if, for the given order, they were not entitled to use a coupon code or have entered the coupon code incorrectly, no discount or extension of the advertising period will be applied to the order.
2.3.2.
If clarification by the Service Provider is required regarding the parameters of the order placed by the Client (incorrect or seemingly incorrect data, contradictions, missing information, suggested changes, etc.), the Service Provider shall first attempt to contact the Client on the telephone number provided by the Client and, if unreachable, shall continue on the e-mail address provided by the Client.
2.3.2.1.
If the clarifications are successful, the Service Provider shall send the modified Confirmation to the Client by e-mail within 2 working days from the Client’s reply.
2.3.2.2.
If the clarifications fail or missing information requires more time, the Service Provider shall await the Client’s verbal or written reply and, if no further clarification is needed, shall send the modified Confirmation to the Client by e-mail within 2 working days from the Client’s reply.
2.3.3.
The Client shall read the Confirmation in detail and, if any errors are found, shall notify the Service Provider either verbally (by telephone) or in writing (by e-mail) using the contact methods listed in point 1.1. Thereafter, point 2.3.2.1 of these GTC shall again apply.
2.4. FINANCIAL PERFORMANCE
2.4.1.
The total amount of the Services listed on the Invoice always includes Swiss VAT of 0–8.1%.
2.4.2.
If, for content-related reasons, the Invoice sent cannot be accepted by the Client or the Client requests a modification that affects the Invoice (e.g. the advertising period, changes to the Service Fee) after the order has already been placed, the Service Provider shall, following the clarifications described in point 2.3.2 and its subpoints, send the modified Invoice to the Client automatically.
2.4.3.
After completing the form under the POST AN AD menu and pressing the POST AN AD button, the Client is automatically redirected to the selection of an advertising package, and by pressing the SELECT AND PAY button, is automatically redirected to the Stripe and/or PayPal system. The Client shall settle the Service Fee via the Stripe and/or PayPal payment interface. If, for any reason, the Client is unable to initiate payment via Stripe and/or PayPal, they may request in writing by e-mail, within the payment deadline indicated on the Invoice issued to them, to settle the Service Fee for the ordered advertising service(s) by bank transfer to the Service Provider’s Swiss euro (EUR) account. The Client acknowledges that in the case of payment by bank transfer, the transfer costs are borne by the Client.
2.4.4.
If the Client fails to fulfil their payment obligation via Stripe and/or PayPal, or by bank transfer by the end of the first working day following the payment deadline indicated on the Invoice (i.e. if the Service Fee has not been credited to the Service Provider’s bank account by that time), the Service Provider is entitled to cancel the Client’s order without prior verbal or written notice or payment reminder. The Service Provider will inform the Client of the cancellation by sending an e-mail with the subject “Your order has been cancelled”. At the same time, both parties mutually and with immediate effect withdraw from the Contract without any further obligations or claims against each other.
2.5. DATA PROCESSING, DISPLAY OF THE ADVERTISEMENT AND INVOICING
2.5.1.
Within 24 hours from the completion of the operations set out in points 2.2 and 2.4 and their subpoints by the Client, the Service Provider will process the received data and images, then publish and activate the multilingual advertisement on the Website. The provisions and detailed explanations in point 2.1.3 apply to translations required for multilingual publication.
2.5.1.1.
The Service Provider reserves the right to modify the advertising text received in accordance with its expectations in the following respects: spelling, language correctness, order, style, (better) comprehensibility, marketing.
2.5.1.2.
The Service Provider reserves the right to assign its own short and long titles to the advertisement based on the content of the order received.
2.5.1.3.
The Service Provider reserves the right to place the advertisement, based on its content, in one or more categories at its own discretion. Thus, the Service Provider may unilaterally decide, for example, whether a building classified as a “family house – guesthouse” appears simultaneously under both the “house” and “holiday home” categories, or only in one of them.
2.5.1.4.
The Service Provider reserves the right to order the uploaded images according to its own system, to enhance the quality, appearance and overall visual impact of the images using its own technology, to crop the images if necessary, to reduce or increase their resolution and to overlay the images with its own company logo.
2.5.1.5.
The Service Provider reserves the right to choose, at its own discretion, the main image of the advertisement – which, when highlighted on the main page, is the main page image, when highlighted on the category page, is the featured image, and in list view is the thumbnail – from the available images and to generate it in the aspect ratio used by the Website. The Client acknowledges that the main image of the advertisement can only be created from a horizontally oriented source image.
2.5.2.
By the 24th hour following the completion of the operations set out in points 2.2 and 2.4 and their subpoints, the image-and-text pages of the advertisement are activated on the Website. From this point, the advertisement is considered active. The Service Provider then sends a confirmation e-mail to the Client with the activated link of the advertisement, via which the Client can directly open and view their advertisement.
2.5.2.1.
The following periods are not included in the 24 hours: the time during which the Service Provider is waiting for supplementary data requested from the Client: data clarification, missing information, uploading of images, replacement of images of insufficient quality.
2.5.3.
If the Service Provider does not send the e-mail confirming the activation of the advertisement to the Client by the end of the second working day following the complete upload of the data, even though the Client has fully complied with the provisions of points 2.2 and 2.4 and their subpoints, the Client is entitled to withdraw from the Contract unilaterally, by way of extraordinary termination, and to request a refund of the Service Fee from the Service Provider. In such a case, the Service Provider is obliged to refund the Service Fee to the Client’s bank account within 8 working days and to cancel the electronic Invoice sent.
2.5.4.
After the Service Fee has been credited to the Service Provider’s bank account, the Service Provider issues the Invoice within 2 working days with the performance date corresponding to that day and sends it to the Client in the e-mail informing them of the activation of the advertisement. The electronic Invoice is valid without signature and stamp. The Client may view, save or print the Invoice. The storage and retention of the e-mail sent by the Service Provider – including the Invoice – is the responsibility of the Client.
2.5.4.1.
The Client accepts the requirement of the Service Provider that following financial settlement no further changes can be made to the textual and visual content of the order; the Client may not request the supplementation or replacement of the text.
2.5.4.2.
The total amount of the Service stated on the Invoice is always the gross amount in force, which includes the Swiss VAT of 0–8.1%. As a company registered in Switzerland, the Service Provider issues the Invoice to the Client by way of intra-Community supply of services.
2.6. DURATION, EXPIRY, EXTENSION AND DELETION OF THE ADVERTISEMENT
2.6.1.
The Service Provider guarantees that, from the day following its activation, the advertisement remains viewable on the Website for the full term – 3 months per activation.
2.6.2.
The Service Provider reserves the right to inform the Client verbally and in writing, prior to the expiry of the advertisement’s term, of the possibility to extend the advertising period, and to make a promotional offer with a discounted fee in this respect. The Client expressly consents to being contacted by the Service Provider regarding the extension of the advertisement by e-mail, SMS and/or telephone.
2.6.2.1.
If the Client accepts the Service Provider’s current offer for the extension of the advertising period, these GTC remain in force with the addition that the subject of the Contract is no longer the placement and display of a new advertisement, but the extension of the existing advertisement’s term according to the content of the offer sent by the Service Provider by e-mail.
2.6.3.
The Service Provider reserves the right, after the expiry of the advertisement’s term, to continue displaying the Client’s advertisement as an active advertisement for an indefinite period in the offer available on the Website, even if the Client does not wish to extend the advertisement either at the list price or at a promotional discounted price offered under point 2.6.2; however, the Service Provider is not entitled to charge any fee to the Client for such continued display.
2.6.3.1.
For advertisements whose term has expired, the Service Provider may continue to display the advertisement in its online offer without any content changes, except for the Client’s contact details, the removal of which from the information panel of the advertisement may be initiated by the Service Provider at its discretion.
2.6.4.
The Service Provider reserves the right, during the term of the advertisement and thereafter, as long as the advertisement is active on the Website, to inform the Client for information purposes if the advertised price of the property significantly exceeds the realistic market level, and to propose a reduced amount, thereby assisting with more effective advertising and more likely sale of the property. The Client expressly consents to being contacted by the Service Provider in relation to the price indicated in the real estate advertisement by e-mail or telephone, but shall in no way consider such information as binding.
2.6.5.
The Service Provider undertakes to deactivate an active advertisement – during the term of the advertisement or thereafter – within 5 working days following the Client’s express written request (e.g. if the property has been sold). In such a case, the pages of the advertisement previously labelled “For sale” will display the caption “Sold”; furthermore, the “Sold” label will appear on the thumbnail in list view. In addition, the information panel containing the contact details (name, phone, e-mail) of the Client’s contact person will be removed from the page.
2.6.5.1.
If the Client does not accept the deactivated advertisement and requests its complete deletion, the Service Provider undertakes to delete the active advertisement – during the term of the advertisement or thereafter – within 5 working days from the date of receipt of the Client’s express written request. In such a case, the advertisement and the order will be completely deleted and only the Confirmation and the Invoice issued to the Client remain with the Service Provider, which documents the Service Provider is obliged to retain for 10 years under the applicable financial regulations.
2.7. DATA MODIFICATION
2.7.1.
The Client may request subsequent modification of the data of an active advertisement from the Service Provider by sending an e-mail from the e-mail address published as the contact address in the advertisement, clearly indicating the reference number of the advertisement concerned, and specifying the current content to be modified (what is to be modified?) and the new content (to what is it to be modified?). In the case of several content changes, the “from – to” pairs may be listed point by point in the request.
2.7.2.
The Service Provider reserves the right, in certain cases, to discuss the Client’s written request also by telephone for security verification.
2.7.3.
If the Client has submitted the data modification request in an inappropriate form, the Service Provider will make every effort to ensure that the clarification of the data is carried out as quickly as possible.
2.7.4.
Once the correct data are available, the Service Provider will carry out the requested data modification within 5 working days from the receipt of the request and will send a written confirmation to the Client.
3. PROVISIONS RELATING TO USE
3.1.
By using the Website, and by concluding the relevant Contract, the Users and Clients acknowledge that the Website is a site operated and maintained by the Service Provider and that its content is determined by the Service Provider. The Service Provider does not guarantee that the Website is accessible at all times, nor that its full content is available to all Users at all times. In particular, the Service Provider accepts no liability for errors arising from the telecommunication infrastructure, online IT systems, servers, server providers, computer equipment, software or possible overload, malfunction or improper operation of e-mail or internet traffic.
3.2.
By using the Website, and by concluding the relevant Contract, the Users and Clients acknowledge that the Service Provider is entitled to design the Website and its content in a manner consistent with the Website’s look and feel, profile, and in a way that is compatible in topic, content and quality with the Service Provider’s business philosophy, services, products and their nature. The Service Provider is entitled to design the layout, images and colour scheme of the Website.
3.3.
By using the Website, and by concluding the relevant Contract, the Users and Clients acknowledge that the Content and format elements are protected by copyright and are the property of the Service Provider, or that the Service Provider is entitled to their use and exploitation.
3.4.
The User and the Client acknowledge and accept that they may use the Content and format elements only with the prior written consent of the Service Provider and only by clearly indicating the name of the copyright holder and the address of the Service Provider. In particular, they acknowledge and accept that the images, symbols and visual elements placed on the Website may not be copied, moved or stored electronically, either in part or in full. It is also forbidden to disrupt the operation of the Website or to modify its content (hereinafter collectively and individually: Infringement). The User and the Client expressly acknowledge and accept that any use without indicating the source also qualifies as unlawful use and thus as an Infringement. The User and the Client undertake to cease the Infringement within 1 (one) day from being notified thereof, to remove or destroy the Content and format elements taken from the Service Provider (in particular text and images) from the relevant online or other interface within the aforementioned time limit, and to refrain from any further Infringement.
3.5.
The User and the Client acknowledge that they use the Website solely at their own risk. The Service Provider shall not be liable for any damage suffered by the User or the Client during the use of the Website. The Service Provider is not liable for damages caused by Users or Clients to each other during the use of the Website. The User and the Client acknowledge that if, in the course of Use or conclusion of the Contract, they carry out any unlawful activity on the Website or create the appearance thereof, the Service Provider is entitled and obliged to cooperate with the competent authorities for the purposes of detecting any infringements.
3.6.
The User and the Client acknowledge that the Service Provider may place links on the Website pointing to other external websites not operated by the Service Provider (hereinafter: External links). The Service Provider accepts no liability for the content of the External links, for the conduct of third parties operating the External links or for any damage suffered by the User or the Client arising from the External links.
3.7.
In operating the Website, the Service Provider acts in accordance with the applicable Swiss legislation. If the Use of the Website is contrary to the legal provisions of the User’s or Client’s own country, the Service Provider shall not be liable for any damage resulting therefrom.
4. GENERAL CONDITIONS APPLICABLE TO CONTRACTS
4.1.
The provisions of Sections 1–8 of these GTC apply to all Contracts concluded between the Service Provider and the Client (hereinafter collectively: the Parties). Under the Contracts, in return for consideration, the Service Provider places one or more image-and-text real estate advertisements on the Website. The Parties agree that the provisions of these GTC shall also apply to any amendments to the Contracts.
4.2.
The language of the Contract is the language of the Client’s country. The Parties agree that they shall primarily communicate with each other in writing. The Parties consider communication by e-mail as written communication and communication by telephone as verbal communication. The Service Provider informs the Client that it considers only messages sent to the e-mail addresses specified in point 1.1 of the GTC as e-mail communication. The Parties agree that legal declarations may only be made in writing. Declarations made verbally or by telephone do not constitute legal declarations. The above does not affect the Client’s right to contact the Service Provider’s telephone customer service and request information for guidance. However, the information provided by customer service verbally does not qualify as a legal declaration by the Service Provider.
4.3.
The Client acknowledges and accepts that, in the case of a natural person Client, a Contract may only be concluded with a Client who is at least 18 years of age and has full legal capacity. The Client acknowledges that if the Service Provider becomes aware that a Contract has been or is intended to be concluded by a person not entitled to do so, it is entitled to request the Client to prove that the conditions laid down in this point are met. If the Client fails to provide credible proof, the Service Provider may refuse to conclude the Contract at any time. By accepting these GTC, the Client expressly and irrevocably declares that they are entitled to conclude the Contract in accordance with this point. The Client acknowledges that the burden of proving the invalidity of the Contract lies with them in the event of a breach of this point. In the event of an invalid Contract, the Service Provider is entitled, pursuant to Art. 20 OR in conjunction with Art. 62 ff. OR, to enforce its ancillary claims arising from the invalid conclusion of the Contract (in particular the costs and damages incurred) against the Client.
5. CONCLUSION AND PERFORMANCE OF THE CONTRACT
5.1.
The Parties conclude the Contract exclusively via the Website, therefore the Client expressly acknowledges and accepts that, as a rule, the Contract may be concluded via the Website. The Client acknowledges that the Service Provider is entitled but not obliged to conclude the Contract at the Client’s request made by e-mail or telephone. The Client acknowledges that there is no possibility to conclude the Contract in any other way than those specified above.
5.2.
The Contract is concluded via the Website in accordance with this point. The Parties stipulate that in the case of conclusion of the Contract via the Website, the Service Provider is bound by its offer regarding the presentation of services on the Website according to Art. 1 para. 1 OR (Swiss Code of Obligations).
5.2.1.
The Contract may be concluded without registration. The Service Provider offers an account registration option solely for Users/Clients interested in or purchasing services in order to monitor advertisements and add properties to their wish list via the Website.
5.2.2.
The Client may compile and order the desired service by completing the online form available under the POST AN ADsubmenu on the elladoor.com website. The online form contains fixed-price services only and therefore provides immediate price information on the exact gross total amount in euro (EUR), which corresponds to the detailed price list under the OUR OFFERS FOR REAL ESTATE ADVERTISERS menu item on the elladoor.com website. After checking and, if necessary, modifying the content of their advertisement, the Client may place the order with the Service Provider by pressing the POST AN AD button at the bottom of the form.
5.2.3.
On the form, the Client is required to provide their contact and billing details, as well as the data and description of the property to be advertised. After entering the data, the Client is entitled to correct any incorrectly entered billing or other data. The Client must provide all data truthfully. If the Client provides the data of a legal person in the course of the order, the legal person is considered the Client.
5.2.4.
The Service Provider shall not be liable for any additional costs or damage incurred by the Client as a result of incorrectly provided data. The Client shall be liable for any additional costs or damage incurred by the Service Provider as a result of incorrectly provided data. In the case of an obviously false or erroneous registration, the Service Provider is entitled to verify the authenticity of the data provided in the order.
5.2.5.
In the event of doubts about the authenticity of the data, as well as in the event of lack of contact details, the Service Provider is entitled to cancel the order. Any costs incurred in connection with proving the authenticity of the data shall be borne by the Client.
5.2.6.
Upon full compliance with points 5.2.1 to 5.2.5, the Contract is validly concluded between the Client and the Service Provider.
5.2.7.
The Client acknowledges and accepts that, under the validly concluded Contract, the Parties are entitled to rights and obliged to obligations in accordance with these GTC and the applicable Swiss legislation, and that the Client is also subject to a payment obligation.
5.2.8.
The Service Provider confirms the order sent to it electronically within 24 hours. If the content of the order is problematic, incorrect, ambiguous and/or contains contradictory information, the Service Provider will make every effort to clarify and correct the relevant data of the order with the Client as soon as possible. Once the clarifications are completed, the Service Provider will resend the modified order confirmation electronically to the Client. The process of possible further modification and reconfirmation cycles ends when the Client confirms that they consider their order accepted as per the confirmation sent. Further details are governed by point 2.3 and its subpoints.
5.3.
The conclusion of Contracts via the Website shall be governed by point 5.2 of these GTC and its subpoints, with the deviations set out in this point. Contracts may be concluded outside the Website by telephone (hereinafter: Off-Website orders) if the Service Provider has accepted the Client’s request to conclude a Contract (hereinafter: the Offer). The Client acknowledges that the Service Provider is not obliged to accept the Offer. The Client acknowledges that, in the case of Off-Website orders, the Offer is binding according to Art. 1 para. 1 OR. Accordingly, the Client acknowledges that if the Service Provider accepts the Client’s Offer to conclude a Contract, the Contract is concluded between the Parties pursuant to Art. 3 para. 1 OR. The Parties agree that, in the case of Off-Website orders, the Client is bound by the Offer until revoked in accordance with Art. 3 and 5 OR, but in any case for 72 (seventy-two) hours from the time the Offer is made.
5.3.1.
For the Client to order a Service by telephone, they must recognise these GTC as binding, having been informed of the availability of the GTC by the Service Provider’s customer service representative by telephone. To order an advertising Service by telephone, the Client must provide all data specified in point 5.2.3 of these GTC, as well as the duration of the advertisement and the parameters relating to highlights. The Service Provider’s staff member records the Client’s data as an order within the Website in accordance with point 5.2 and its subpoints, thereby accepting the Client’s Offer to conclude the Contract. If, when ordering by telephone, the Client fails to provide all the required data to the Service Provider, the Service Provider’s staff member is entitled to request the Client to provide the missing data. The Client acknowledges that the Service Provider is not obliged to accept the Client’s Offer to conclude a Contract, in particular if the Client fails to provide the data specified in point 5.2.3 despite the Service Provider’s request. The Contract is concluded between the Parties when the Service Provider’s staff member has recorded all Client data in accordance with point 5.2 and its subpoints of these GTC.
5.4.
The subject of the Contract is various services related to online advertising. The Client accepts that a Service can be purchased for the purchase price (hereinafter: Purchase Price) indicated on the Website. The Purchase Price is in euro (EUR) and includes Swiss value added tax (0–8.1% VAT).
5.5.
The Client expressly accepts that the Service Provider is entitled to change the Purchase Price at any time. The new Purchase Price shall be valid from the time it is displayed on the Website. The Service Provider guarantees that, following the receipt of an order, it will not change the Purchase Price of the Services for that order, either upwards or downwards, from that indicated on the Website.
5.6.
The Client acknowledges and accepts that, after placing the order, they are obliged to pay the Purchase Price either via the external Stripe and/or PayPal system that opens automatically or, based on the Invoice issued to the billing address provided in the order, by bank transfer, but in all cases by way of advance payment. The Invoice contains a detailed itemisation and unit price based on the ordered parameters.
5.6.1.
If the Client has indicated a valid EU VAT number in their order, the Purchase Price is reduced by the Swiss VAT of 0–8.1% applicable to the net price.
5.6.2.
The Client acknowledges that the Service Provider will begin performing the Service only after the Purchase Price has been credited to the Service Provider’s bank account, and that this date shall be considered the Client’s date of performance.
5.6.3.
The Client acknowledges that the Service Provider will issue the Invoice for the total Purchase Price (hereinafter: the Invoice). The Invoice will contain a detailed itemisation and unit price based on the ordered parameters.
5.6.4.
Performance is considered in accordance with the Contract if the content of the advertisement ordered by the Client appears on the Website, fulfilling all conditions set out in the order.
6. RIGHT OF WITHDRAWAL
6.1.
The Client is entitled to withdraw from the Contract from the date of conclusion of the Contract until the deadline indicated on the pro forma invoice (Díjbekérő) in accordance with the following points.
6.1.1.
The Client may indicate their intention to withdraw from the Contract without giving reasons by notifying the Service Provider by e-mail and/or telephone, referring to the reference number of the pro forma invoice received.
6.1.2.
If the Client fails to pay the Invoice set out in point 5.6 by the deadline, the Contract concluded upon placing the order will be terminated upon expiry of that deadline. Thereafter, neither Party may assert any further claim against the other.
6.1.3.
If the Client has indicated their intention to withdraw from the Contract under point 6.1.1, or fails to transfer the Service Fee by the required deadline as set out in point 6.1.2, the Service Provider shall confirm the termination of the Contract electronically by sending an e-mail to the Client with the subject “Your order has been cancelled”.
6.2.
The Client acknowledges that payment of the pro forma invoice constitutes implied conduct, following which the Service Provider issues an Invoice and commences performance of the Service. Since the Service Provider incurs verifiable costs already within the first 24 hours of the service process, the Service Provider is unable to comply with, and excludes the possibility of, any subsequent withdrawal request by the Client following payment.
7. COMPLAINT HANDLING PROCEDURE
7.1.
If the Client wishes to lodge a complaint concerning the operation of the Service Provider or the performance of the ordered Service, they must proceed in accordance with this Section.
7.2.
The Client may notify the Service Provider of their claim through the communication channels specified in point 1.1 of these GTC. Complaints may be made verbally by telephone or in writing by e-mail. The Service Provider does not require any specific formal requirements for written complaints.
7.3.
The Service Provider shall investigate the complaint made by the Client as soon as possible and, if it is established that the reported problem arises from its own fault, shall make every effort to resolve the issue as soon as possible, but no later than within 5 working days, and to inform the Client of the details of the investigation and its successful completion by e-mail. The Client expressly acknowledges and accepts this method of complaint submission and handling.
7.3.1.
If the reported problem arises from reasons beyond the Service Provider’s control, the Service Provider shall use its best efforts to report/forward the issue to the competent entity (e.g. web hosting provider) and shall forward any response(s) or information received to the Client within 1 working day until the problem has been resolved to the Client’s satisfaction.
7.3.2.
If, during the investigation, it is established that the reported problem is not real, or is the result of normal system operation or performance in accordance with the Contract, the Service Provider shall inform the Client thereof by e-mail and request the Client to accept the outcome of the investigation.
7.4.
The Service Provider hereby informs the Client that, with regard to the Service used, the Client may initiate proceedings against the Service Provider on the online “Online Dispute Resolution” (ODR) platform if they have a dispute with the Service Provider which could not be resolved to their satisfaction within the expected time. The Online Dispute Resolution website is available in several languages at:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage
8. MISCELLANEOUS PROVISIONS APPLICABLE TO CONTRACTS
8.1.
The Parties agree that if any change occurs in the Client’s data set out in the Contract after its conclusion, during the performance of the Service (which includes the processing, publication and maintenance of the advertising material), the Client shall immediately inform the Service Provider thereof by e-mail. The Client acknowledges and accepts that the Service Provider shall not be liable for any damage resulting from the failure to notify the Service Provider of changes to data.
8.2.
The Parties acknowledge that the Service Provider may launch ad hoc, periodic campaigns (hereinafter: Campaigns). Under a Campaign, a Service or Service package defined by the Service Provider may be purchased at a price lower than the list price. The Client accepts that the Service Provider has the exclusive right to determine which Services are subject to a Campaign, for which period, and under which conditions. The Client accepts that the Service Provider is entitled to withdraw any Campaign at any time without any payment or other legal consequences, or to extend the duration of the Campaign at its sole discretion. Legal relationships established during the Campaign are governed by the terms of the Campaign and these bind the Service Provider. The Service Provider publishes the prices applicable during the Campaign – and in certain special cases the duration of the Campaign – on the Website and/or on its Facebook page. The Service Provider reserves the right that the appearance of a Campaign on the Website may not be publicly accessible to all Users and that only those Users who contact the Service Provider may be granted access.
8.3.
The Parties acknowledge that the Service Provider may, on an ad hoc basis, publish advertisements (hereinafter: Advertisements) featuring the Client’s advertised property. The Client accepts and consents to the Service Provider using the property advertised by the Client, in addition to the property itself, for advertising purposes to promote the Service Provider’s own business, Service or Service package, or Campaign, and to publish and share it on various websites, in newspapers, on posters and other advertising media (e.g. Facebook), both domestically and abroad. If the Client does not accept the use of their property for advertising purposes and requests its deletion, the Service Provider undertakes to delete the Advertisement featuring the property within 1 working day from the date of receipt of the Client’s express written request.
8.4.
No code of conduct is available for the legal relationships governed by these GTC; the Service Provider is not subject to any such code.
8.5.
The possible invalidity of any provision of the GTC does not affect the validity of the remaining parts of the GTC.
8.6.
In matters not regulated in these GTC, the Swiss Civil Code (Zivilgesetzbuch – ZGB, 1907), the Swiss Code of Obligations (Obligationenrecht – OR, 1911) and other applicable Swiss legislation shall apply, including in the case of legal disputes.
8.7.
In consumer disputes where the Parties cannot reach an out-of-court settlement, the Client may initiate proceedings before a conciliation body. The Service Provider is obliged to participate in and cooperate in the proceedings of the conciliation body; however, the Service Provider does not submit itself to any recommendation of a conciliation body as binding.
8.7.1.
In the event of a legal dispute, the competent authority is the Schweizerische Schlichtungsbehörde für Konsumentenstreitigkeiten (Swiss conciliation authority for consumer disputes).
8.7.2.
The Client is entitled to initiate proceedings via the Online Dispute Resolution (ODR) platform as described in point 7.4 in the event of a dispute.
8.7.3.
The Client expressly and irrevocably acknowledges and accepts that if, in the course of conciliation, consumer protection or other consumer dispute settlement proceedings as set out in this point, the authority or body handling the case finds the Client’s complaint partially or entirely unfounded, or discontinues the proceedings for any reason, the Client shall be obliged to reimburse the Service Provider for all costs incurred in connection with the conciliation, consumer protection or other consumer dispute proceedings, including, but not limited to, attorney’s fees (hereinafter: Attorney’s Fees), postage, travel expenses, any applicable fees, etc. (hereinafter collectively: Procedural Costs). The Client expressly and irrevocably acknowledges and accepts that the Attorney’s Fees amount to HUF 100,000 + VAT per proceeding. The Client expressly and irrevocably acknowledges and accepts that the Procedural Costs shall be paid within 3 (three) working days from the date on which the decision in the case becomes final, to the bank account of the Service Provider indicated in point 1.1.
8.8.
The Parties shall endeavour to settle disputes arising from the service Contract amicably. If the dispute cannot be resolved out of court, the Schlichtungsbehörde in Zivilsachen, Zivilgericht Basel-Stadt (conciliation authority in civil matters, Civil Court of Basel-Stadt) shall have exclusive jurisdiction over disputes arising in connection with these GTC.
Place and date of execution, and the Effective Date of these GTC:
Basel, 01 September 2025
PRIVACY AND DATA PROTECTION NOTICE
This Privacy and Data Protection Notice (hereinafter: the “Notice”) applies to the data processing activities carried out on the website elladoor.com (hereinafter: the “Website”), operated by Elladoor by Tabik-Lamik (hereinafter: the “Data Controller”).
The purpose of this Notice is to provide detailed and lawful information to visitors of the Website and natural persons using its services (hereinafter: the “Data Subjects”) regarding the processing of personal data, the legal basis, purpose and duration of data processing, as well as the rights of the Data Subjects.
1. DATA CONTROLLER DETAILS
Name: Elladoor by Tabik-Lamik
Legal form: Sole proprietorship (Einzelfirma)
Registered office: 4054 Basel, Sängergasse 16, Switzerland
Registration number: none
Tax number: none
E-mail address: ella@elladoor.com
Telephone number: not provided
The Data Controller has not appointed a Data Protection Officer.
2. LEGAL BASIS OF DATA PROCESSING
Data processing is carried out in accordance with the following legislation:
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Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR),
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Swiss Federal Act on Data Protection (Bundesgesetz über den Datenschutz – DSG),
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applicable accounting and tax legislation.
3. PURPOSE OF THE WEBSITE
The Website operates as a multilingual real estate advertising platform and as an online interface for finding professionals related to real estate services. The Website is available in Hungarian, German, English, French, Spanish, Dutch and Croatian.
4. SCOPE OF PROCESSED PERSONAL DATA AND PURPOSE OF DATA PROCESSING
4.1. Contact
The Data Subject may contact the Data Controller via the contact form available on the Website.
Processed data:
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name
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e-mail address
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telephone number (if provided)
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content of the message
Purpose of data processing: enabling contact and responding to inquiries.
Legal basis: consent of the Data Subject (Article 6(1)(a) GDPR).
4.2. Real Estate Advertisements and Use of Services
The Website allows the submission of real estate advertisements and the use of related services without user registration.
Processed data:
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name
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e-mail address
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telephone number
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billing address
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data of the advertised property (e.g. location, size, price, description, images)
Purpose of data processing:
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publication and management of advertisements,
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performance of a contract,
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invoicing,
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communication.
Legal basis:
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performance of a contract (Article 6(1)(b) GDPR),
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compliance with a legal obligation (Article 6(1)(c) GDPR),
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legitimate interest (Article 6(1)(f) GDPR).
4.3. Online Payment
Payment for services on the Website can be made by bank card or via PayPal.
Payment service providers:
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Stripe
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PayPal
The Data Controller does not process or store bank card details; such data are processed directly by the payment service providers in accordance with their own privacy policies.
4.4. Newsletter (Future Service)
The Data Controller may introduce a newsletter service in the future. Subscription is voluntary and based solely on the prior consent of the Data Subject.
Legal basis: consent (Article 6(1)(a) GDPR).
The Data Subject may unsubscribe from the newsletter at any time.
5. COOKIES
The Website uses cookies to ensure proper operation, statistical analysis and marketing activities.
Types of cookies used:
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technical (necessary for operation) cookies,
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statistical cookies (e.g. Google Analytics),
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marketing and remarketing cookies.
The use of cookies is regulated via the cookie banner displayed on the Website.
6. EXTERNAL SERVICE PROVIDERS (DATA PROCESSORS)
The Data Controller uses the following service providers:
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hosting provider: Wix.com
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web analytics: Google Analytics
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payment service providers: Stripe, PayPal
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social media integration: Facebook
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newsletter service provider (to be selected later)
These service providers operate under their own privacy policies.
7. DATA RETENTION PERIODS
The Data Controller stores personal data for the following periods:
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contact data: 1 year
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advertisement-related data: duration of the active advertisement + 1 year
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invoicing and accounting data: 10 years (according to Swiss law)
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marketing data: until withdrawal of consent
8. DATA SECURITY
The Data Controller applies appropriate technical and organizational measures to protect personal data. Access to personal data is limited exclusively to the Data Controller.
9. RIGHTS OF THE DATA SUBJECTS
The Data Subject is entitled to:
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request information,
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request rectification of personal data,
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request erasure of personal data,
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request restriction of data processing,
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exercise the right to data portability,
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withdraw consent at any time,
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object to data processing.
10. RIGHT TO LODGE A COMPLAINT
The Data Subject is entitled to lodge a complaint with:
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In Switzerland: Federal Data Protection and Information Commissioner (FDPIC / EDÖB)
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In the United Kingdom: Information Commissioner's Office (ICO)
11. FINAL PROVISIONS
The Data Controller reserves the right to amend this Notice. Amendments shall enter into force upon publication on the Website.
Place and date of entry into force of this Privacy and Data Protection Notice:
Basel, 01 September 2025