1 Definitions.

In the Conditions, the following definitions shall apply:

1.1 Fairs Consult bv: Fairs Consult bv, operating under the trade name Fairs Consult bv, registered in the trade register at the Chamber of Commerce under number 65802403, and/or one of its subsidiaries.

1.2 Website: secondhome.nl;secondhome-expo.be, as operated by Fairs Consult bv.

1.3 User: the person, registered or unregistered, who visits and thus uses the website. This definition includes business provider, private provider and third party.

1.4 Business provider: a business party, acting from any form of business, offering real estate. This can be either a natural person or legal entity.

1.5 Private provider: a private individual, which is not organized as a company and does not offer (its own) property for commercial purposes.

1.6 Third party: a business party with whom Fairs Consult bv has entered into an agreement, not being a business provider, as described under Definitions under 1.4.

1.7 Agreement: any agreement, in any form, between Fairs Consult bv and the business provider, private provider or third party.

1.8 Services: all products and/or services concluded with an agreement with Fairs Consult bv.

1.9 Advertisement: an advertisement placed by a business provider, private provider or third party. This includes – but is not limited to – the house ad, project ad and top house ad.

1.10 Terms and Conditions: the Terms and Conditions, Terms of Use and Policies.

1.11 Terms of Use and Policies: conditions and rules governing the use of the Website.

2 General

2.1 The Terms and Conditions apply to any business provider, private provider, third party or user using the website and/or services of Fairs Consult bv.

2.2 By using the website and/or services of Fairs Consult bv, the business provider, private provider, third party or user declares to have read and agreed to the Terms and Conditions.

2.3 Fairs Consult bv operates as such under the domain name secondhome.nl and all other affiliated websites.

2.4 Fairs Consult bv is an independent platform for providers and interested parties of real estate. Fairs Consult bv is not involved in any agreement between a business or private provider and user.

2.5 The applicability of any terms and conditions of parties with whom Fairs Consult bv concludes an agreement is expressly rejected.

2.6 If in a specific case Fairs Consult bv makes an exception to (a certain part of) the Terms and Conditions, other business providers, private providers, third parties or users cannot derive any rights therefrom.

2.7 Fairs Consult bv reserves the right to unilaterally change the Terms and Conditions without prior notice. Publication on the website and/or sending a message by email to all registered users. Changes will take effect immediately, unless otherwise stated. If the business provider, private provider, third party or user continues to use the website and/or services of Fairs Consult bv after the changes in the Terms and Conditions, it means that they have irrevocably accepted the changes.

2.8 The Terms and Conditions have been filed with the Chamber of Commerce. Separate copies can be requested by e-mail. The version in force at the time of the conclusion of the legal relationship with Fairs Consult bv always applies.

3 Quotations and offers

3.1 All quotations and offers of Fairs Consult bv are without obligation, unless the quotation stipulates a period for acceptance. If no acceptance period is set, no rights whatsoever can be derived from the offer or quotation if the product or service to which the offer or quotation relates is no longer available in the meantime.

3.2 Fairs Consult bv cannot be held to its offers or quotations if the business supplier, private supplier or third party can reasonably understand that the offers or quotations, or part thereof, contain an obvious mistake or slip of the pen.

3.3 The prices stated in an offer or quotation are, unless otherwise stated, exclusive of VAT and other government levies, any costs to be incurred in connection with the agreement, including travel and accommodation, shipping and administration costs.

3.4 If the acceptance deviates from the offer included in the quotation or the offer, Fairs Consult bv is not bound by it. The agreement will not be concluded in accordance with this deviating acceptance.

3.5 A compound quotation does not oblige Fairs Consult bv to perform part of the assignment against a corresponding part of the quoted price. Offers or quotations do not automatically apply to future orders.

4 Agreement and contract terms business provider and third party

4.1 An agreement can be established – but not exclusively – by registration on the website, or entering into a written or oral agreement.

4.2 The business provider or third party shall ensure that all data, which Fairs Consult bv indicates to be necessary or which the business provider or third party should reasonably understand to be necessary for the execution of the agreement, are provided to Fairs Consult bv timely and correctly.

4.3 The term of the agreement between Fairs Consult bv and the business provider or third party shall be specified in the agreement.

4.4 Each term, as defined in the agreement between Fairs Consult bv and business provider or third party, is referred to as contract period. At the end of the contract period, this agreement is tacitly renewed. This is done in accordance with equal conditions as stated in the agreement, unless otherwise agreed upon.

4.5 The agreement may be terminated in writing or by e-mail, subject to a notice period of at least two (2) months prior to the expiration of the contract period.

4.6 If during the performance of the agreement it appears that for a proper performance it is necessary to modify or supplement it, the parties will timely and in mutual consultation adapt the agreement. If the nature, scope or content of the agreement is changed, whether or not at the request or instruction of the business provider or third party, and the agreement is thereby changed in qualitative and/or quantitative respect, this may have consequences for what was originally agreed upon. As a result, the amount originally agreed upon may also be adjusted. An amendment to the agreement may furthermore alter the originally specified period of execution. The client accepts the possibility of modification of the agreement, including the change in price and term of the contract.

4.7 The duration and content of the agreement may be amended in the interim, if both parties agree in writing or orally. If the agreement is amended, including an addition, Fairs Consult bv shall be entitled to carry it out only after the person authorized within Fairs Consult bv has given his or her approval to do so and the business provider or third party has agreed to the price and other conditions stated, including the time to be determined at that time when the amended agreement will take effect. Failure to execute or not immediately execute the amended agreement shall not constitute a default by Fairs Consult bv and shall not be a ground for the business provider or third party to terminate or cancel the agreement.

4.8 If the business provider or third party should default in the proper fulfillment of what he is obliged to do towards Fairs Consult bv, the business provider or third party shall be liable for all damages on the part of Fairs Consult bv caused directly or indirectly as a result.

5 Suspension, dissolution and premature termination of the agreement of business provider or third party

5.1 Fairs Consult bv is authorized to suspend the performance of its obligations or to dissolve the agreement if:

(a) the business provider or third party does not comply with the obligations under the agreement, in full or in a timely manner;

b) after the conclusion of the agreement Fairs Consult bv learns of circumstances giving good reason to fear that the business supplier or third party will not comply with the obligations;

c) when the agreement was concluded, the business supplier or third party was asked to provide security for the fulfilment of its obligations under the agreement and this security is not provided or is insufficient

d) due to the delay on the part of the business provider or third party, Fairs Consult bv can no longer be required to fulfill the agreement against the originally agreed conditions.

5.2 Fairs Consult bv has the authority, as described in Article 5.1, in any case, but not exclusively, in one of the following situations:

a) when the business provider or third party acts in breach of the Conditions.

b) when the business provider or third party fails to fulfill its obligations regarding payment, in accordance with Article 6.

c) when the business provider or third party acts in violation of intellectual property rights of third parties.

d) if the business supplier or third party has been observed by Fairs Consult bv to have any indications of malpractices, or if these have been observed by trade and/or consumer interest groups.

5.3 Furthermore, Fairs Consult bv is authorized to dissolve the agreement if circumstances arise of such a nature that compliance with the agreement is impossible or if other circumstances arise of such a nature that the unaltered maintenance of the agreement cannot reasonably be required from Fairs Consult bv.

5.4 If the agreement is dissolved, claims of Fairs Consult bv against the business provider or third party are immediately due and payable. If Fairs Consult bv suspends the fulfilment of its obligations, it retains its claims under the law and the agreement.

5.5 If Fairs Consult bv proceeds to suspension or dissolution, it is in no way obliged to compensate for damages and costs incurred in any way.

5.6 If the dissolution is imputable to the business provider or third party, Fairs Consult bv is entitled to compensation for damages, including costs, incurred directly and indirectly.

5.7 If the business provider or third party does not comply with its obligations under the agreement and this non-compliance justifies dissolution, Fairs Consult bv shall be entitled to dissolve the agreement immediately and with immediate effect without any obligation on its part to pay any compensation or indemnification, while the business provider or third party, by virtue of default, is obliged to pay compensation or indemnification.

5.8 In the event of liquidation, of (application for) suspension of payments or bankruptcy, of seizure at the expense of the business supplier or third party, of debt restructuring or any other circumstance as a result of which the business supplier or third party can no longer dispose freely of its assets, Fairs Consult bv shall be free to terminate the agreement immediately and with immediate effect or to cancel the order or agreement, without any obligation on its part to pay any compensation or indemnification. The claims of Fairs Consult bv against the business provider or third party are in that case immediately due and payable.

5.9 If the business provider or third party cancels an order placed in whole or in part, the work performed and the items ordered or prepared for it, plus any supply and delivery costs thereof and the labor time reserved for the execution of the agreement and lost profits, shall be charged in full to the business provider or third party.

6 Rates and payment business provider and third party

6.1 Payment must be made directly online, in a manner to be indicated by Fairs Consult bv in the currency in which the invoice was issued.

6.2 The invoiced amount must be paid to Fairs Consult bv in one payment.

6.3 If the business provider or third party defaults in the timely payment of an invoice, he shall be in default by operation of law. The business provider or third party shall then owe interest of 2% per month, unless the legal interest rate is higher, in which case the legal interest rate shall be due. The interest on the amount due and payable will be calculated from the moment the business provider or third party is in default until the moment of payment of the amount due in full.

6.4 Fairs Consult bv has the right to have the payments made by the business provider or third party go first of all to reduce the costs, then to reduce the interest falling due and finally to reduce the principal sum and the current interest. Fairs Consult bv may, without thereby being in default, refuse an offer of payment if the business provider or third party designates a different order for the allocation of the payment. Fairs Consult bv may refuse full repayment of the principal sum, if this does not include the accrued and current interest and collection costs.

6.5 The business supplier or third party is never entitled to set off the payment made by him to Fairs Consult bv Objections against the amount of an invoice do not suspend the payment obligation. Nor shall the business provider or third party be entitled to suspend payment of an invoice for any other reason.

6.6 If the business provider or third party defaults or is in default in the (timely) fulfillment of its obligations, all reasonable costs to obtain extrajudicial satisfaction shall be borne by the business provider or third party. The extrajudicial costs shall be calculated on the basis of what is customary in Dutch collection practice. However, if Fairs Consult bv has incurred higher costs for collection that were reasonably necessary, the actual costs incurred are eligible for reimbursement. Any judicial and execution costs incurred will also be recovered from the business provider or third party. The business provider or third party shall also owe interest on the collection costs due.

6.7 If the agreement with a business provider or third party is suspended or dissolved, because of the reasons mentioned in Article 5.1 and 5.2, no refund of amounts paid will take place.

6.8 Fairs Consult bv may adjust its rates annually on January 1 for the purpose of inflation correction, in accordance with the CBS Index.

6.9 Fairs Consult bv is entitled to adjust the agreed rates by means of a written notification or by e-mail message to the business provider or third party. The rate increase will then take effect as of the next contract period. If the business provider or third party does not agree to a significant adjustment of the rates notified by Fairs Consult bv, which exceeds the normal price increases as referred to in paragraph 8 of this article, the business provider or third party is entitled within thirty working days after the notification referred to in article to terminate the contract in writing or by e-mail, stating the relevant details, by the date stated in the notification on which the rate adjustment would take effect.

6.10 For the current rates of the products and services, please refer to the website or contact Fairs Consult bv.

6.11 All business provider and third party rates are exclusive of VAT.

7 Agreement and contract conditions private provider

7.1 An agreement with the private provider can be made – but not exclusively – by registering on the website and thereby completing a payment by one of the provided means of payment.

7.2 An agreement with the private provider covers a period of six (6) months, which begins immediately after payment of the advertisement.

7.3 The agreement with the private provider ends automatically after six (6) months, if it has not been renewed by the private provider.

7.4 If the private provider terminates the agreement prematurely, there will be no refund of the amount already paid.

8 Suspension, dissolution and early termination of the agreement of private provider

8.1 Fairs Consult bv reserves the right to suspend or terminate the services under the agreement with the private provider with immediate effect, if – but not exclusively – one of the following situations occurs:

(a) when the private provider or third party acts in violation of the Terms and Conditions.

b) when payment has not been successfully made.

c) when the private provider acts in violation of intellectual property rights of third parties.

d) if Fairs Consult bv has observed any leads of malpractices, or if they have been observed by industry and/or consumer interest groups.

9 Rates and payment private provider

9.1 After placement of the housing advertisement, the amount due must be paid immediately by the means of payment provided.

9.2 If a private seller places an advertisement that violates article 8.1, Fairs Consult bv reserves the right to remove the advertisement and there will be no refund of the amount paid.

9.3 Fairs Consult bv reserves the right to adjust its rates on an interim basis, without prior notice.

9.4 If Fairs Consult bv is of the opinion that the private provider is organized as a company, and/or is a business provider by Fairs Consult bv’s definition, Fairs Consult bv reserves the right to convert the agreement to a business agreement, whereby the Basic Partnership counts as the minimum purchase and will be invoiced as such. There will be no refund of the amount already paid.

9.5 For the current rates of the products and services, please refer to the website or contact Fairs Consult bv.

9.6 All rates for the private provider are inclusive of VAT.

10 Intellectual property rights

10.1 Fairs Consult bv reserves the rights and powers to which it is entitled under the Copyright Act and other intellectual laws and regulations.

10.2 Fairs Consult bv is not liable for infringements of intellectual property rights made by a business provider, a private provider, a third party or a user.

11 Liability and indemnity

11.1 Fairs Consult bv brings supply and demand on the international real estate market together. Fairs Consult bv is never a party in a (possible) agreement concluded between the offerer and the buyer. You indemnify and hold Fairs Consult bv (and its board, staff, managers, partners, shareholders and intermediaries) harmless from any claims, claims for damages and the like, related to disputes, which may arise from the (possible) agreement between the supplier and the buyer.

11.2 Fairs Consult bv is not involved in the contacts between the buyer(s) and provider(s) of real estate and subsequently also not involved in any purchase concluded by the buyer(s) and provider(s) As a result, Fairs Consult bv has no control over and is not liable for the quality safety or legality, the correctness of the housing and or project advertisement, the legal capacity and disposition of the business or private offeror to sell and the legal capacity and disposition of the buyer to proceed to purchase.

11.3 Fairs Consult bv is not liable for the content of its website(s), nor the website(s) connected in any way with Fairs Consult bv in any form whatsoever. Fairs Consult bv therefore does not guarantee the correctness, completeness, reliability, quality, accuracy, precision and/or completeness of the information provided.

11.4 Fairs Consult bv is not liable for services, products and/or information of business providers, private providers and/or third parties, offered in any way through the Fairs Consult bv website.

11.5 Fairs Consult bv is not liable for not being able to properly execute the agreement, if that is due to the business provider, private provider or third party.

11.6 If Fairs Consult bv displays hyperlinks to internet sites of third parties on its website, this does not mean that Fairs Consult bv recommends the products or services offered on these internet sites. The use of such hyperlinks is entirely at your own risk. Fairs Consult bv does not accept any responsibility or liability with regard to the content, use and/or availability of such internet sites.

11.7 Fairs Consult bv accepts no liability whatsoever in respect of direct, indirect, special, incidental, immaterial or consequential damage (including loss of profit), regardless of whether Fairs Consult bv has been made aware of the possibility of such damage, arising in any way from, but not necessarily limited to, defects, viruses or other imperfections in equipment and other software in connection with access to or use of the Website, the information offered on or via the website, the interception, modification or improper use of information sent to Fairs Consult bv or to you, the functioning or unavailability of this internet site, abuse of this internet site, loss of data, downloading or using software made available through the website or claims of third parties in connection with the use of this internet site.

11.8 Fairs Consult bv shall never be liable for any damage resulting from a commitment or agreement made with a third party offering services on the website.

11.9 Fairs Consult bv shall never be liable for any damage resulting if a business provider, private provider, third party or user infringes an intellectual property right.

11.10 Fairs Consult bv shall never be liable for any damage suffered by the business provider, private provider, third party or user as a result of breakdowns, errors in software, incomplete or incorrect transfer of information, inability to access the website and/or any shortcoming of Fairs Consult bv in the performance of the agreement.

11.11 If Fairs Consult bv is still liable despite the above articles, the liability of Fairs Consult bv towards the business provider, private provider or third party in each circumstance is limited to a maximum of the amount owed by this party to Fairs Consult bv, or at least to a maximum of the amount invoiced over the last 6 months. The liability of Fairs Consult bv is in any case always limited to the amount paid by its insurer in the relevant case.

12 Force majeure

12.1 Fairs Consult bv is not obliged to comply with any obligation towards the business supplier, private supplier, third party or user, if he is hindered to do so as a result of a circumstance that cannot be attributed to a fault, and for which he cannot be held accountable by virtue of the law, a juristic act or generally accepted practice.

12.2 In these Terms and Conditions, force majeure means, in addition to the provisions of the law and jurisprudence, all external causes, foreseen or unforeseen, over which Fairs Consult bv has no influence, but which prevent Fairs Consult bv from fulfilling its obligations, including in any case power-, computer- and internet failures. Fairs Consult bv also has the right to invoke force majeure if the circumstance preventing (further) compliance with the agreement occurs after Fairs Consult bv should have fulfilled its commitment.

12.3 Fairs Consult bv may suspend the obligations under the agreement during the period that the force majeure continues. If this period lasts longer than two months, each of the parties is entitled to dissolve the agreement, without any obligation to pay compensation for damages to the other party.

12.4 If at the time of the occurrence of force majeure Fairs Consult bv has already partially fulfilled its obligations under the agreement or will be able to fulfil them, and the fulfilled respectively to be fulfilled part has independent value, Fairs Consult bv is entitled to separately invoice the fulfilled respectively to be fulfilled part. The private provider, business provider or third party is obliged to pay this invoice as if it were a separate agreement.

13 Applicable law

13.1 These Conditions, as well as every agreement to be concluded or concluded with Fairs Consult bv, are governed by Dutch law. Any disputes between a business supplier, private supplier, user or third party, will be brought before the court in Arnhem.

13.2 If one or more provisions of the Terms and Conditions are void or voidable, this shall not affect the validity of the remaining provisions. In the event of nullity of one or more provisions of these Terms and Conditions, the parties shall be bound by rules of as much corresponding purport as possible, which are not subject to nullity.

13.3 If Fairs Consult bv does not enforce a provision, this does not imply that Fairs Consult bv waives the right. Fairs Consult bv may still enforce the provision at a later time.

13.4 The Dutch text of the Terms and Conditions is always decisive for the interpretation thereof.

The Terms of Use and Policies.

1 Use of Fairs Consult bv

1.1 As a user of Fairs Consult bv, you must act and behave in all respects as may be expected of a responsible and careful user.

1.2 The following acts and/or behaviors are not allowed:

a) The content of the website may not be used for acts and/or conduct contrary to the law, public order or morality.

b) Acting contrary to the policies, as described in Parts 1 and 2 of the Terms and Conditions.

c) Acting in violation of third party rights.

d) Acting that leads to complaints from third parties.

e) Sending or distributing messages that contain spam, chain letters, viruses or pyramid schemes.

f) Acts that unreasonably burden the infrastructure of Fairs Consult bv.

g) Copying, editing or distributing any content or personal data of third parties.

h) You are only permitted to download one copy of the material made available on the Fairs Consult bv website for your own non-commercial use.

i) You may not, without prior written permission from Fairs Consult bv, copy, modify, store, distribute, disseminate or otherwise use and/or exploit the material made available. The protection of Fairs Consult bv’s databases is governed by the provisions under the Databases Act.

j) You are not allowed to display hyperlinks to Fairs Consult bv on your site without prior written permission of Fairs Consult bv. You can request permission via the contact form.

k) Circumventing or removing the security of the website.

2 Creating an account / registering

2.1 Before you can place an ad, you must create a business or private account. After you complete this, you will automatically gain access to MySHG.

2.2 You create a private account, if you are not organized as a business and are not offering the property for commercial purposes.

2.3 You create a business account, if you act from any form of business and offer multiple properties and/or projects. When creating an account you can choose from different partnerships. See here for an overview of the partnerships.

2.4 You create a visitor’s account, if you do not want to offer properties and/or projects, but are interested in the offer on Fairs Consult bv.

2.4 It is not allowed to use more than one account.

3.1 You declare to fill in all information in the ad truthfully.

3.2 It is not allowed to put pictures with an ad that do not relate to the offered product.

3.3 You are entitled or authorized to offer what you offer in the ad.

3.4 It is not allowed to offer in the advertisement a product or service other than real estate.

3.5 Placing duplicate ads is not allowed. Double advertisements may be removed.

3.6 It is not allowed to place in the advertisement material/content that infringes the intellectual property right of a third party.

3.7 The advertisement only relates to one object. It is therefore not permitted to offer several objects in one advertisement, except if it is a project advertisement.

3.8 It is only permitted to place current photos in the advertisement.

3.9 It is only allowed to upload photos, without any logos, texts and/or captions.

3.10 If your property has been sold, please remove the advertisement or clearly indicate that the property has been sold.

3.11 It is not allowed to include false or misleading information in the advertisement.

3.12 It is not permitted to include a website mention in the form of a (hyper)link in the description of your advertisement.

3.13 It is not permitted to include company information in the description of your advertisement.

4 Material

4.1 It is not permitted to use, copy, modify or distribute the copyrights and/or trademarks of Fairs Consult bv.

4.2 By posting material on Fairs Consult bv you give Fairs Consult bv permission to use it for publicity purposes of Fairs Consult bv. Posted material may be shown through other distribution channels, such as newspapers, magazines, trade shows or websites. By using our services you agree that your material can be shown through these other distribution channels.

4.3 Fairs Consult bv reserves the right to modify your posted material. This in order to meet the requirements set by Fairs Consult bv for the use of the website and/or to make the material accessible for mobile devices or software applications of third parties.

4.4 Fairs Consult bv has the right to remove your material if Fairs Consult bv receives a report that the material is unlawful, causes problems or otherwise violates any law and/or policy.

5 Intellectual property rights

5.1 When posting material on Fairs Consult bv, you declare not to infringe any intellectual property rights of third parties.

5.2 Material, including photographs, logos and/or texts, may not be placed on Fairs Consult bv without the permission of the copyright holder.

5.3 Fairs Consult bv reserves the right to change or remove material posted by you if it appears that intellectual property rights of third parties have been infringed.

5.4 ls you believe that your intellectual property rights have been infringed, you can report this via the contact form.

6 Acting in conflict with the Terms and Conditions of Fairs Consult bv

6.1 If Fairs Consult bv believes that it has acted in breach of the Terms and Conditions, Fairs Consult bv may without prior warning – but not exclusively – take the following actions:

a) Removal of the advertisement(s) without refund of the advertisement fee.

b) Suspension or suspension of the account.

c) Restriction to certain functionalities.

d) Provision of company and personal data to certain third parties, such as Police, Justice and rights holders.

6.2 Fairs Consult bv reserves the right to take further legal action against you and claim damages.