General Terms and Conditions (AGB)

preamble

The following General Terms and Conditions (hereinafter referred to as "GTC") govern the business relationship between Wealth Investment Network – WENET AG (hereinafter referred to as "WENET AG" or "Broker") and its clients (hereinafter referred to as "Client"; this includes, in particular, owners, sellers, landlords, prospective buyers and tenants, clients, and users of the website). The GTC form an integral part of all contracts and services provided by WENET AG, unless expressly agreed otherwise in writing in individual cases. Individual agreements, in particular brokerage, marketing, consulting, or valuation contracts, always take precedence.

1. Scope

1.1 These terms and conditions apply to all services provided by WENET AG in connection with the brokerage, verification, marketing, valuation and consulting of real estate, as well as to the use of the website www.we-net.ch and the associated offers.

1.2 Any conflicting, deviating, or supplementary general terms and conditions of the customer shall not become part of the contract unless WENET AG has expressly agreed to their validity in writing. This also applies if WENET AG performs its services without reservation despite being aware of such terms and conditions.

1.3 The separate "General Terms and Conditions for the Use of Online Insertion" (hereinafter "Platform Terms and Conditions"), available at [link to Platform Terms and Conditions], apply primarily to the use of the WENET AG self-service insertion platform ("Online Insertion"). https://we-net.ch/agb-online-insertion/. These terms and conditions govern, in particular, registration, fees, the duration of advertisements, publication and conduct obligations, image rights, and the consequences of violations. These terms and conditions apply supplementarily in this area, unless the platform's terms and conditions contain a deviating provision.

1.4 The version of these General Terms and Conditions published on the WENET AG website at the time of the conclusion of the contract or the use of the service shall apply.

2. Subject matter of the contract and brokerage services

2.1 Depending on the individual agreement, WENET AG acts as a broker providing proof of opportunity and/or facilitating transactions within the meaning of Art. 412 et seq. of the Swiss Code of Obligations (CO). Depending on the individual agreement, its activities include, in particular, providing proof of opportunities to conclude a contract, facilitating the conclusion of contracts, marketing properties (e.g., advertisements, brochures, viewings), preparing valuations, and providing related advice.

2.2 A specific mandate (brokerage or marketing agreement) is established through a separate agreement in written or electronic form. These terms and conditions form an integral part of such a mandate.

2.3 Unless expressly agreed otherwise in writing, WENET AG is not obligated to perform any specific action or achieve any specific result. It is entitled to work for other clients and prospective clients simultaneously.

2.4 The amount, basis of calculation, and due date of the commission, fee, and any expenses are governed by the contract concluded in each individual case or, where applicable, by the currently valid price list of WENET AG. All amounts are subject to statutory value-added tax.

2.5 Unless otherwise agreed, the commission claim arises on a success-dependent basis, i.e., upon conclusion of the main contract, which is based on the introduction or mediation of WENET AG (Art. 413 OR).

2.6 The commission is also owed if the main contract is concluded with a person to whom the customer has passed on the property information in violation of the prohibition of disclosure pursuant to section 4 below.

3. Dual roles and conflicts of interest

3.1 WENET AG may act for multiple parties in connection with a real estate transaction, in particular for sellers and buyers or landlords and tenants, provided that the parties concerned are informed of this and there is no impermissible conflict of interest.

3.2 Disclosed and permissible dual agency does not affect the commission or fee claim against the respective parties, provided that the remuneration has been legally agreed upon in each case.

4. Prohibition of disclosure and confidentiality

4.1 All confidential information of WENET AG, including property details, property information, and prospective buyer information ("confidential information"), is intended solely for the client. The client is expressly prohibited from disclosing such information to third parties without the prior express consent of WENET AG.

4.2 If the customer breaches this obligation and a main contract is concluded with a third party or another person to whom the information was forwarded as a result of this disclosure, the customer owes the agreed commission plus VAT. The right to claim further damages remains reserved.

4.3 Confidential information must be treated as confidential even after the termination of the contractual relationship, unless it has been lawfully made public or must be disclosed due to legal obligations.

5. Property information, non-binding nature and disclaimer

5.1 All real estate advertisements, exposés, sales documentation, plans, visualizations, area specifications, floor plans, photos, renderings and other property-related information are based wholly or partly on information, documents and statements from the owner, third parties, authorities or other sources of information.

5.2 WENET AG strives to prepare the information provided to it carefully. However, to the extent permitted by law, it assumes no liability or guarantee for its accuracy, completeness, timeliness, reliability, or suitability for a particular purpose. 

5.3 All published information is for preliminary informational purposes only and does not constitute a guarantee of any specific characteristics or a binding contractual basis. Changes, errors, prior sale, prior rental, price adjustments, and the right to withdraw offers at any time are expressly reserved.

5.4 WENET AG excludes all liability for direct or indirect damages, consequential damages, financial losses or lost profits arising from the use of, reliance on, or the incompleteness, inaccuracy or unavailability of the published information to the extent permitted by law.

5.5 Prospective buyers or tenants are obligated to independently verify, or have verified by qualified professionals, all information relevant to their purchase, lease, or investment decision, in particular details such as area, dimensions, usage rights, building permits, zoning regulations, yield figures, technical specifications, tax aspects, and legal and factual circumstances. Only legally binding contracts, public registers, official permits, and the results of the prospective buyer or tenant's own due diligence are authoritative.

5.6 WENET AG acts solely as an intermediary with regard to property information and makes no representations or warranties concerning the characteristics, condition, potential uses, value development, or profitability of the properties offered. To the extent permitted by law, WENET AG fully excludes all liability.

6. Website, availability and third-party platforms

6.1 WENET AG strives to ensure the reliable and secure operation of its website and digital services. However, it does not guarantee the uninterrupted availability, error-free operation, or security of the website.

6.2 WENET AG may change, restrict or discontinue content, functions and offers on the website at any time.

6.3 To the extent that the website contains links to third-party websites or platforms, WENET AG is not responsible for their content, availability, security, or data processing. The terms and conditions and privacy policies of the respective providers apply to the use of such third-party services.

7. Copyright and usage rights

7.1 All documents, images, photographs, texts, visualizations, floor plans, documentation and content provided by WENET AG are protected by copyright.

7.2 Any reproduction, publication, distribution, linking, systematic extraction or other use requires the prior written consent of WENET AG.

7.3 The customer may only use documents provided to them for the agreed purpose. Once this purpose ceases to exist, or at the latest upon termination of the contract, documents must be returned, deleted, or destroyed at the request of WENET AG, unless statutory retention obligations prevent this.

7.4 «WENET» or «Wealth Investment Network – WENET AG» is a protected trademark and may only be used by WENET AG.

8. Money laundering prevention and compliance audit

8.1 To the extent that WENET AG is obligated or entitled to do so by legal provisions, regulatory requirements, or internal compliance regulations, it may conduct identity, plausibility, sanctions, anti-money laundering, or other compliance checks during the initiation or execution of a business transaction. The applicable legal basis is the Swiss Federal Act on Combating Money Laundering and Terrorist Financing (Money Laundering Act, AMLA, SR 955.0) in its currently valid version.

8.2 The customer is obligated to support WENET AG in fulfilling these legal obligations, to provide the required information and documentation completely and truthfully, and to notify WENET AG of any changes immediately. This may include, in particular, information regarding identity, authorization to represent the company, beneficial owner, source of funds, or transaction structure.

8.3 If the client fails to fulfill their obligations to cooperate, or if there are reasonable doubts about the legality, plausibility, or permissibility of a transaction, WENET AG is entitled to refuse or suspend services or terminate a mandate. Statutory reporting, disclosure, and retention obligations remain unaffected.

9. Data protection

9.1 WENET AG processes personal data in accordance with the Swiss Federal Act on Data Protection (FADP) and, where applicable, the EU General Data Protection Regulation (GDPR).

9.2 Details regarding the type, scope and purposes of data processing, as well as the rights of data subjects, can be found in the separate privacy policy, available at www.we-net.ch/datenschutzerklaerung. 

10. Limitation of Liability

10.1 To the extent permitted by law, WENET AG excludes all liability for damages arising from or in connection with its services. In particular, WENET AG is not liable for slight or ordinary negligence, nor for consequential damages, lost profits, pecuniary losses, business interruptions, data loss, or damages resulting from the unavailability, disruption, or malfunction of the website or partner platforms.

10.2 Liability for the conduct of assistants and third parties engaged (e.g., photographers, review, IT, or marketing service providers) is excluded to the extent permitted by law (Art. 101 para. 2 of the Swiss Code of Obligations). Liability for damages caused unlawfully, intentionally, or through gross negligence, as well as mandatory statutory liability provisions, remains unaffected.

11. Statute of limitations

11.1 To the extent permitted by law, all claims for damages by the customer against WENET AG shall become statute-barred within three years from the date on which the act causing the damage was committed. If the statutory limitation periods result in a shorter period in a specific case, those periods shall apply. Mandatory statutory limitation periods remain unaffected.

12. Changes to the Terms and Conditions

12.1 WENET AG reserves the right to amend these Terms and Conditions at any time. The amended version will be published on the website www.we-net.ch and will come into effect upon publication. For existing contracts, the version agreed upon at the time of contract conclusion applies, unless a later version is expressly agreed upon or communicated to the client, and the client does not object within 20 days.

13. Severability Clause and Final Provisions

13.1 Should individual provisions of these Terms and Conditions be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid provision that comes as close as possible to the economic purpose of the invalid provision.

13.2 Amendments and additions to individual contractual agreements require written or electronic form (e.g., email) to be valid.

13.3 WENET AG is entitled to transfer rights and obligations arising from the contractual relationship to third parties; the customer requires the prior consent of WENET AG for this.

13.4 The customer is prohibited from offsetting their own claims against claims of WENET AG.

14. Applicable Law and Jurisdiction

14.1 Swiss substantive law applies exclusively, excluding the conflict of laws provisions and the United Nations Convention on Contracts for the International Sale of Goods (CISG).

14.2 The exclusive place of jurisdiction for all disputes arising from or in connection with these General Terms and Conditions and the contracts based thereon is the registered office of WENET AG in Pfäffikon SZ, Switzerland, unless mandatory legal provisions provide for a different place of jurisdiction.

Wealth Investment Network - WENET AG
A company of KI Group AG