1. Platform Use
Dear User, before registering and using the functions of the www.kaaja.com Platform, we invite you to read carefully the terms and conditions set out in these Regulations. The completion of the registration procedure on the Platform determines the acceptance of the Regulations and its communication in an exclusively digital format: in this respect, the Registered User concludes a binding agreement with Kaaja s.r.l.. These Regulations can be printed or saved on other durable and accessible media, but may be subject to subsequent changes - which will be promptly communicated via email to all registered users.
These General Conditions are reserved for users and related to the services provided on the Auction Platform (hereinafter “Portal”) of Kaaja s.r.l. (hereinafter “Portal”).The site www.kaaja.com (hereinafter “Site”) is owned by Kaaja s.r.l. with a registered office in Via del Bollo 4 - 20123 Milano (MI) - Tax / Vat Number 03920140138 and registration with C.C.I.A.A. Milano MI - 2633187.
In addition to the terms and expressions defined in other clauses of these Terms & Conditions, for the purposes of the same, the terms and expressions listed below have the meaning indicated for each of them:
- “Other Sites”: websites owned by third parties linked by the Platform;
- “Ads”: the spaces on the Platform where Advertisers can advertise their properties;
- “Third Party Applications”: the IT applications offered by third parties, affiliated and selected by the Portal;
- “Consumer Client”: any Client of the Platform, a natural person - acting for purposes unrelated to his business - commercial, craft or professional activity;
- “Professional Client”:any Client of the Platform, natural or legal person, who acts in the exercise of his / her business, commercial, craft or professional activity, also through his / her agent or consultant;
- “General Conditions”: this document;
- “Intellectual property rights”: trademarks, trade names, logos, domain names, patents, copyrights, industrial secrets, utility models, designs, know-how or any other intellectual property rights owned by the Company;
- “Kaaja”: Kaaja s.r.l., with registered office in Via del Bollo 4 - 20123 Milano (MI) - Tax / Vat Number 03920140138 and registration with C.C.I.A.A. Milano MI - 2633187;
- “Mediation Assignment”: l’the assignment that the Active User has given to one of the real estate agencies accredited by the Company to use the Portal for the purchase and sale of the property;
- “Advertiser” (or “Selling Party”): the owner (natural or legal person) of the property who purchases the right to use the advertising spaces on the Portal;
- “Offer”: the binding purchase proposal - made through the Portal - with which an aspiring buyer makes to the seller of the property in which he is interested. Through the Offer, the aspiring buyer declares himself willing to purchase the property being auctioned at a certain price. This offer may be made even before the auction starts, at the BUY IT NOW price, set by the advertiser; if such offer is set to a lower price, it may trigger an auction cycle, if multiple buyers show interesting making additional offers;
- “Contracting Parties”: Advertiser and Active User (or Selling Party and Purchasing Party), jointly, in the event that the latter has made a sale proposal to the former and this has been accepted by the Advertiser;
- “Platform” (or “Portal”): the website www.kaaja.com and related mobile apps, through which the Company provides / shows its Services;
- “Auction Base Price” (or “Auction Base”): is the starting amount with which the property is set on auction. This does not correspond to the sale price - which can grow according to the auction trend - but refers only to the starting price of the offers;
- “Reserve Price” (or “Minimum Reserve Price”): is the amount under which the Advertiser reserves the right to accept or reject the offer of the Purchasing Party: only when this amount is reached the advertiser is obliged to sell the property, below such amount the advertiser has the option to accept or refuse the same;
- “Preliminary Contract ” (or “Proposal”): the preliminary agreement for the sale of a property concluded between an Active User and the Advertiser following the results of the auction;
- “Kaaja Services” means the set of property advertising and auction bidding services provided by the Company through the Portal;
- “Users” those are who generally use the Platform, whether they are users interested in visiting a property, possibly not yet registered, or Advertisers;
- “Active Users” (or “Buyer Party”): are those who use the Platform to visit a property of their interest and possibly formulate a Purchase Offer;
- “Registered Users” are those who have completed the registration procedure, providing their personal details / credentials.
3. Conditions Subject
4. Services Offered via the Portal
4.1. The Company is committed to provide all Active Users with a dedicated area on the Platform, where they can access the Advertisers' Ads and all Services provided.
4.2 Once the registration procedure is completed, Active Users (now Registered Users) will also have access to the following Services:
Documentation Service: allows the user to check all documentation relating to the property, which includes, by way of example the cadastral survey, the title deed, the floor plans, the energy rating certification.
Book Visit Service: allows the users to make an appointment and receiving any related communication, as set in the “MyArea” section and in other channels (eg. email and / or text messages indicated by the user at the time of registration). The Active User undertakes to cooperate with due good faith by respecting the terms of the commitments made with the Advertisers (for example, show up on time for the appointment).
Auction Service: allows the user to benefit from Kaaja bidding services. A fee is charged only to the highest bidder. The service includes the formulation of the Purchase Offer and the preparation of the Preliminary Agreement with the collection of the signatures of the Contracting Parties by means of an advanced electronic signature. Before and throughout the auction cycle, the various Active Users will be able to make multiple Offers to secure the property, always and only through the services offered by the Portal. At the end of the auction, the Active User awarded the property will sign the relevant Preliminary Contract and pay the deposit.
Throughout the duration of the auction, the various Active Users will be able to make various Offers to secure the property, always and only through the services offered by the Portal. At the end of the auction, the Active User awarded the property will sign the relevant Preliminary Contract and pay the deposit.
The Preliminary Agreement will contain all the essential and necessary elements to bind the Contracting Parties - as per copy published in the Portal along all other property documentation. The signing of the Preliminary Contract will be managed through the most modern forms of electronic document signing pursuant to Legislative Decree 82/2005 (Digital Administration Code) and its subsequent amendments and additions. This service may be provided through the use of Third Party sites / portals which may request the acceptance of the Contracting Parties of their Terms & Conditions.
4.3 The Company over time may make changes to the type of Services offered. It will be the Company's responsibility to promptly notify Users of all substantial changes via the Platform in a clear and visible manner. All the Services are intended to be offered within the territory of the Italian Republic, but can also be enjoyed by foreign citizens who intend to buy property in Italy.
5. Services Offered by Real Estate Agents
5.1 The real estate agency accredited to propose the business managed by the same on the Portal must be duly registered with the competent Chamber of Commerce, pursuant to law 39/89 and undertakes to provide Active Users who have expressed the interest in evaluating the possibility of formulating a purchase offer, all the necessary support for the possible conclusion of the deal.
5.2 The real estate agency will provide its support to the Active User if the latter intends to make an Offer.
5.3 The accredited real estate agency will manage the relationship with its client (Active User) according to the agreements made directly with the same. The Company will not be responsible for the relationship and related contract signed between the accredited real estate agency and the Active User.
5.4 The accredited real estate agency undertakes to comply with all legal obligations relating to it, also pursuant to art. 1754 and following of the Civil Code and of Law 39/1989 and Ministerial Decree 452 of 21/12/1990.
6. Services Offered by Third Parties
6.1 The services provided by the Company on the Portal are integrated with the websites, services and Applications of Third Parties, so that Active Users can take advantage of new and additional products and services. The use of Third Party Applications is subject to specific conditions of use that are not an integral part of the Contract.
6.2 Advertisers are invited to report to the Company any defect, discrepancy or malfunction of the Third Party Applications so that the Company can take the appropriate action. Any modification or deletion of Third Party Applications does not produce effects with respect to these General Conditions.
7. Platform Usage Restrictions
7.1 The Company have established some basic rules that accredited real estate agencies and Active Users must undertake when using the Platform, namely:
- not to copy, extract or otherwise make available to third parties the content of the Platform or the Services or any part of them or take any other action that may violate the content of the Platform;
- not to decode, de-compile or modify the data contained in the Platform or create derivative works from these;
- not to transfer, even partially, the data systematically or methodically collected in the Platform database to third parties;
- not to conclude sales or rentals with sellers / landlords using the data contained in the Platform;
- not to violate the Proprietary Rights owned by the Companies contained on the Platform;
- not to transfer identification data (username and password) to third parties;
- to express their opinions on the Services of the Platform or of third parties with objectivity and caution;
- not to take any other action that may in any way harm or otherwise cause harm to the Platform, the Company, other Advertisers, Users or third parties.
7.2 The Active User undertakes not to use the data or information acquired through the Platform to conclude agreements with Advertisers outside the Platform. In this regard, the Company and the accredited real estate agencies reserve the right to carry out all appropriate checks to investigate any illegitimate use of such information or the conclusion of agreements outside the Platform.
7.3 The use of the Platform is intended for Active Users who are over the age of 18. The Active User guarantees, in addition to this requirement, that all data provided to the Company, at the time of the conclusion of the Contract, are true, accurate and complete and undertakes to keep them as such for the entire duration of the contract. Active Users are invited to check the contents before publishing them on the Platform and to systematically manage their account settings.
7.4 The Platform includes social and interactive features and therefore the information published and disclosed may be shared by all Active Users, on the Platform or on the web, and used by Kaaja within its social media channel and in any case in any communication channel.
7.5 In case of violation of any provision contained in the previous articles 7.1, 7.2, 7.3 and 7.4, the Company may suspend access to the Platform and at its discretion remove or correct the contents deemed unquestionably in violation of the rights of Advertisers, third parties or Contract.
7.6 The Active User declares to act on their own behalf and to have the legal capacity required by law.
8.1 The Company does not guarantee in any way the quality of the goods advertised through the Platform as the service offered through the Portal merely provides an online space for the publication of real estate advertisements of third party property.
8.2 The password provided by the Company protects the Active User's account in accordance with normal security standards and therefore the latter is solely responsible for its security and secrecy, as well as for any use made of the access data. If these data are lost or stolen or if it is suspected that unauthorized access to their account by third parties has been made, the Active User must promptly notify the Company and change their login credentials as soon as possible.
8.3 The Company does not monitor, review or modify the content posted by Users, Advertisers or third parties, but reserves the right to remove or modify them at its sole discretion or to disable, for any reason, access to such content. The Company may undertake these actions at its discretion, independently and therefore without any prior notice to the Advertiser in the event that it reveals any discrepancies or irregularities in the property, which may affect the offers by Active Users.
8.4 The Company undertakes to adopt the necessary measures to keep its Service constantly operational. However, technical unforeseen or maintenance operations may at times give rise to temporary interruptions of the Service without notice.
8.5 The Company cannot guarantee, approve or assume responsibility for any Third Party Applications and their related content, for the Content published by Users or Advertisers or for any other product or service advertised or offered by third parties on or through the Platform, as well as through any hypertext link to websites, including through banners or advertisements.
8.6 The opinions expressed by Active Users or Advertisers on the contents of the Platform or on the Services conveyed do not represent opinions expressed or endorsed by the Company.
8.7 In no event shall the Company, its executives, shareholders, employees, agents, directors, consultants, subsidiaries, associates, successors, suppliers or licensees be held liable for all direct or indirect damages of any kind deriving from the use of the Services or Platform or Third Party Applications.
8.8 The Active User is aware of the fact that Kaaja will do everything in their power to verify all the information provided by the Advertisers and uploaded to the Platform - but can never be held responsible as the conditions and characteristics of the property are declared and can be managed by the advertiser and may change over time. Nor does the Company check the solvency and / or economic availability of Active Users or third parties, or the behavior of individual Users or other Advertisers.
8.9 In the event that the Platform contains links to sites and / or resources provided by third parties (collectively “Other Sites”), the links to such Other Sites are inserted simply for information purposes and for the convenience of Users. The Company has no control over the Other Sites and assumes no responsibility for what is proposed by such Other Sites or for the content or products of the Other Sites (including, but not limited to, with reference to social networks such as Facebook).
9. Privacy Rights
9.1 With the exception of the provisions of paragraph 9.2 below, all the contents of the Platform are the exclusive property of Kaaja and are granted to Active Users in use for browsing the Platform and accessing the Services.
9.2 Some third parties have developed and licensed the Third Party Applications to the Company. Active Users will not be able to assign, transfer or sublicense such applications to third parties.
9.3 The Kaaja Brand is the exclusive property of Kaaja s.r.l.. These General Conditions do not provide for any license to use the Kaaja Brand for commercial or non-commercial uses.
In order to facilitate communications with Users, the Company prefers as an information channel the electronic email, mobile application, or through the “MyArea&rdquo section. Any requests for copies of paper communications must be expressly made to the certified email address: email@example.com If you believe that the content of the Platform or part of it violates your own rights or those of third parties, please notify us at firstname.lastname@example.org.
11. Auction Procedures
Auctions can be executed on a predetermined date or when multiple potential buyers submit various free bids on the same property. In both cases, the start of the auction will be communicated on the site in absolute transparency.
11.1 Any User registered on the site can participate in the property auctions.
11.2 In order to submit an Offer, a credit card will be required to guarantee the Offer and the amount indicated on the property page will be pre-authorized as a warranty. This amount will be withdrawn only if the Active User wins the property and therefore only at the end of the auction. All other participants will have unlocked the pre-authorized amount within 7 days of the auction ending.
11.3 The Offer will be considered binding and will last up to 21 days from the close of the auction, to allow all contractual proceedings. The first successful bidder will be required to upload to the platform within 5 working days of the auction closing, all the data necessary for the drafting of the Contract and all attachments.
11.4 The Advertiser may establish a “reserve price” which will not be communicated in advance to Active Users, but will only be visible when the Offer reaches such an amount.
11.5 In the event that the winning bid is equal to or greater than the reserve price, the purchase proposal completed and pre-approved by the seller (Preliminary Contract) will be sent to the successful bidder (Buyer Party).
11.6 In the event that the winning Offer is lower than the reserve price, the Advertiser (Selling Party) will have 5 working days to evaluate the offer. If rejected, the auction will close without any award. If accepted, the outline of the Preliminary Contract signed by the Selling Party will be duly sent to the successful bidder, Purchasing Party - complete with all data.
11.7 The portal also provides for the “Buy Now” mode of “pre-auction offers”. This occurs in the event that a registered user is interested in purchasing the property before the auction starts. In such circumstances, the user can make an offer using a dedicated form. The same premises of art. 11.2, 11.3, 11.4, 11.5, 11.6 - but in this case:
- the user can make the offer at an amount set by the Seller: with this suggested price (and no pending conditions) the proponent secures the property;
- or he can make the offer at a different amount (but always higher than the auction base) or with pending conditions, which must be accepted by the Selling Party. In this case the acceptance of the offer will not be guaranteed and the property will remain on sale until formal acceptance by the seller - as multiple offers can be received through our platform, potentially triggering a competitive auction amongst the various potential buyers; in either case, the auction will be suspended only upon receipt of the signing of the Preliminary Contract and the payment of the deposit.
- or he can make the offer at a different amount (but always higher than the auction base) or with pending conditions, which must be accepted by the Selling Party: in this case the acceptance of the offer will not be guaranteed and the property will remain on sale until formal acceptance by the seller;
In either case, the auction will be suspended only upon receipt of the signing of the Preliminary Contract and the payment of the deposit.
11.8 Once the Preliminary Contract has been received, the successful bidder will be asked, within 5 days, to:
- digitally sign the contract.
- pay a confirmation deposit equal to 10% of the hammer price amount and the auction rights equal to 3% of the aforementioned price (net of the deposit taken from the credit card at the end of the auction).
11.9 In some cases, the Selling Party may request further documentation from the Purchasing Party, including (purely indicative and not exhaustive): the anti-money laundering forms (AML), the privacy forms, the consent to privacy and the declaration regarding possible conflicts of interest. These modules will be subject to review by the Selling Party and may require up to 14 days for their verification.
11.10 Once the Preliminary Contract has been signed and the suspension clauses resolved (such as the documentary checks referred to in point 11.9), the Contracting Parties will define the subsequent commitments directly among themselves, without any intervention by Kaaja, including the appointment by the notary for the signature of the deed.
11.11 If the successful bidder decides not to continue with the purchase, or refuses to sign the Preliminary Contract, he/she will lose the pre-authorized deposit. In this case, Kaaja will contact the second highest bidder and continue the process in the same way as described above.
12. Auction Fees
12.1 The services referred to in Article 4 above provide for the payment by the successful bidder (Purchasing Party) of a fixed auction fee of 3% on the hammer price - in favor of Kaaja - with a € 5,000 minimum.
12.2 Such auction fee does not include any mediation fees (commissions) that the Purchasing Party has autonomously agreed with the accredited real estate agency (or with other parties): fee that the Active User will have to settle directly with them.
12.3 The auction fee will accrue only in the event of the auction being awarded or when the offer will be accepted by the seller and notified to the buyer. It will be paid by the winning bidder at the same time as the conclusion of the Preliminary Contract.
12.4 The Active User, the successful Purchaser Party, at the time of the conclusion of the Preliminary Contract, in addition to the auction fee, will have to pay an amount equal to 10% of the value of the hammer price as a deposit, as provided for in the above art. 11.7.
12.5 These amounts (auction fee and confirmatory deposit) may be the subject of a single payment on an escrow account, registered and managed by Kaaja, which undertakes to quickly pay back the deposit to the party in a timely manner (no later than 5 days) seller (Advertiser).
12.6 Payment can be made in the manner and through the tools provided on the Platform (credit card, debit card, e-wallet, telephone top-up, bank transfer, Paypal, Stripe or any other tool made available by the Platform).
12.7 If the Active User uses the information and data acquired on the Platform - eg. requesting an appointment to visit the property - but concludes an agreement with the Advertiser for the purchase of the property outside the Platform and the procedures described in the previous article 5, without paying the due payments, the Company will demand payment of the auction fees from both Contracting Parties.
12.8 Payment of the auction fee will be due by the Active User even in the event that the sale of the property, which is the subject of the auction procedure, is made by a person other than the Active User, but with whom the latter has a family relationship or is cohabiting with him.
These General Conditions have an indefinite duration and will be effective until the notice of withdrawal by one of the two parties pursuant to the following article 13.
14.1 The User may withdraw from these General Conditions at any time with effect from the moment of receipt of the communication that can be sent to the Companies by certified email: email@example.com. In this case, the User, without prejudice to the provisions of the following paragraph, will not be entitled to reimbursement of services already paid, even if not performed by the Company (without prejudice to the Company's obligation to complete the execution of the Service possibly already paid).
14.2 In turn, the Company may communicate to the User at any time by e-mail its intention to withdraw from the Contract with immediate effect, without prejudice to the obligation for the Company to complete the execution of the services already paid by the User and not yet performed.
14.3 For information regarding the closure of the Kaaja Account and for any other information, Active Users should contact the Companies at the following email address firstname.lastname@example.org.
15. Sole Agreement
This document constitutes the only existing agreement between the Company and the User and replaces all previous agreements, made in relation to the subject matter of the same, both in written and oral form.
16. Applicable Law & Court
This contract is regulated by Italian law. Any dispute relating to the application, execution,
interpretation and violation of these General Conditions is subject to Italian jurisdiction. For the
convenience of the Parties, these Terms & Agreement are drawn up in two languages: Italian and
English. In the event of a dispute,
the Italian text is the only one that
will be authentic and the only language of the proceedings will be Italian.
For such disputes, in the case of a Consumer resident or domiciled in Italy, the Court of the place of his / her residence or domicile is the competent court. In all other cases, if it is a Professional Client, the exclusive jurisdiction is the Court of Milan.