The BeneCasa services are provided to you by advanti AG, Birmensdorferstrasse 108, 8003 Zurich. The following provisions govern further details relating to these services.
1. Services
BeneCasa, a partner service of Comparis, is exclusively aimed at private individuals aged 18 or over who are resident in Switzerland. The services are as follows:
Relaying real estate agents: Comparis operates an online tool that private individuals can use to obtain a free valuation of their property. By accepting the Terms and Conditions, you agree that BeneCasa will transmit your data, which has been provided to them by Comparis, to their partners. BeneCasa will forward your information (contact details, property details) to an external estate agent. Subsequently, they may contact you and offer you a free, no-obligation appraisal of your property on site. If you decide to appoint this real estate agent to handle your property sale, you must discuss and agree on any other aspects, such as terms and conditions, with the real estate agent yourself. In this case, the contract shall be drawn up between you and the real estate agent directly. BeneCasa is not a party to that contract and is therefore neither responsible for the real estate agent nor the conduct of the real estate agent. However, BeneCasa guarantees that it has checked, subject to due diligence and based on the information declared by each real estate agent, whether the real estate agent fulfils BeneCasa's quality criteria (entry in the commercial register and company active for at least three years; experience as a real estate agent of at least four years and at least 20 properties sold per year (as a real estate agent); recognised training in the real estate industry; use of a recognised assessment tool (IAZI, Fahrländer & Partner or Wüest Partner)), both at the start of the collaboration and approximately once per year thereafter. BeneCasa can change its quality criteria at any time. For existing real estate agents, any changes apply as of the next real estate agent inspection. BeneCasa is not responsible for the reliability, ability or quality of the real estate agents, or the accuracy of the information they provide. If you have any doubts in this regard, please notify BeneCasa immediately. Currently, BeneCasa only works with one external real estate agent, but reserves the right to increase the number of partner agents as needed and as appropriate.
Property valuation by a property specialist: BeneCasa arranges a professional property valuation onsite for property owners by an external property specialist. This offer is free of charge; it is offered without obligation and it is aimed at property owners who intend to sell their property. There is no basic right to such a real estate appraisal. BeneCasa reserves the right to withdraw from arranging this offer in cases where a professional valuation exceeds the usual complexity of an appraisal.
2. Compensation
You shall not pay BeneCasa anything for using the services listed above. BeneCasa's services are financed through a share in the brokerage commission on any subsequent brokerage mandates. The commission amount is agreed between you and your real estate agent individually, should you decide to actually appoint this agent to help you to sell your property. The percentage owed by the real estate agent to BeneCasa is 28%. BeneCasa does not act on your behalf. You agree to the above arrangement pertaining to the way BeneCasa is remunerated and accept that BeneCasa keeps the commission it receives from the real estate agents and is not obliged to pay it to you, even if it were assumed that BeneCasa was acting on your behalf.
3. Relationship with comparis.ch AG
advanti AG is an affiliated company of comparis.ch AG and uses the website(s) of comparis.ch AG to advertise its services. However, the services themselves are exclusively provided by BeneCasa (i.e., advanti AG).
4. Data protection
With regard to data protection, BeneCasa's Privacy Policy applies; the Privacy Policy does not, however, form part of the agreement between you and BeneCasa, and can be changed by BeneCasa at any time. The real estate agent is exclusively responsible for processing the data received from us about you; if you are interested in finding out more, you should contact your agent or consult their Privacy Policy.
5. Intellectual property rights
All rights to the website, services and content of BeneCasa are exclusively owned by BeneCasa and its licensors. No rights will be transferred or granted to you as a result of you using the website, services or content of BeneCasa. BeneCasa is a registered trademark of advanti AG.
6. Third-party products and services, including links thereto
If you are referred to any online or offline third-party products or services (including those of estate agents), either on the website or in consultation with BeneCasa, you use them entirely at your own risk. BeneCasa assumes no liability nor any other responsibility for these products and services and does not vet them either.
7. Place of jurisdiction and applicable law
Insofar as no mandatory statutory provisions preclude this, Zurich is agreed as the exclusive place of jurisdiction for disputes arising from or in connection with the use of the services or other offers of BeneCasa. Only Swiss law applies.
Zurich, 26.01.2023