Vendor Terms & Conditions

This document informs you of the additional terms and conditions under which you may make use of ChangeHome.com ("our site") as a property vendor or agent ("Vendor") to establish a member account, and create and publish advertisements for the rental or sale of property.

If there is an inconsistency between any of the provisions of these additional terms and conditions ("Vendor Terms & Conditions") and the General Terms of Use, the provisions of the Vendor Terms & Conditions shall prevail.

Please read the General Terms Of Use and these Vendor Terms & Conditions thoroughly before using our site. By creating a member profile and publishing a property advertisement on our site, you indicate that you accept the Vendor Terms & Conditions.

Information about us

The ChangeHome.com website is operated by ChangeHome.com S.r.l. The terms "we", "us", "Company" and "ChangeHome.com" refers to ChangeHome.com S.r.l, an Italian company with its registered office at Via della Constituente 18, San Miniato 56024 (Pl), Tuscany, Italy, its affiliates and/or their respective suppliers and providers ("ChangeHome.com"), and "you" refers to the individual person or company creating a member account with us in order to create and publish property advertisements on our site.

ChangeHome.com is a service that allows the creation, editing and publishing of property advertisements by Vendors, and a property search facility for other users of our site ("Users"). We also provide tools to enable Users of the website to establish contact with Vendors.

CHANGEHOME.COM HAS ABSOLUTELY NO INVOLVEMENT IN ANY RENTAL OR SALE PROCESS RESULTING FROM, WITHOUT LIMITATION, THE ADVERTISEMENT OF PROPERTIES FOR SALE OR RENTAL ON THIS WEBSITE, OR FROM THE INTRODUCTION OF USERS TO VENDORS THROUGH THIS WEBSITE.

It is the sole responsibility of the Vendor to be legally entitled to sell or rent the property advertised, and the sole responsibility of the User to ascertain the legal entitlement of a Vendor before commencing any commercial negotiations or entering into any contract.

Rules for property advertisements

By creating and publishing a property advertisement on our site and by providing information to us, you agree to the following rules.

Consent to advertise the property

By creating an advertisement for a property on our site you are indicating:

  • That you are the legal owner of the property with the sole right to make available for rental or sale, or you have legal power of attorney on behalf of the property owner.

  • That you agree to provide upon request from us proof of personal identification and proof of ownership of the property or proof of power of attorney to list the property on our site.

  • That the content, photographs, pricing and other information supplied by you are TRUE and ACCURATE and not misleading in any way.

  • That on receipt by us of your payment, advertising of your property is to commence immediately.

Prior to activation of an property advertisement all content that you submit is subject to our approval. As part of that process and in an ongoing capacity we reserve the right to review and amend content and photographs you supply. Specifically, website URLs and email addresses must not be included in your advertisement content, unless specifically allowed by us.

Exchanging properties

A property advertisement on our site relates to a specific property, and this property must not be substituted for another by way of changes to the text and photographs. If a Vendor is found to have changed the property being described, we reserve the right to suspend any property advertisements published by that Vendor, with no refund for advertisement fees or other services purchased.

Completion of sale or rental

Upon the sale or rental of your property, it is your responsibility to remove the property advertisement from our site.  If we suspect that your property has been sold or rented and is still listed on our site, we may suspend your advertisement until such time that we can clarify the situation with you.

Our termination of your property advertisement

We reserve the right to remove any property advertisement without notice, and retain payment in the following circumstances:

  • If we receive substantiated complaints from any number of Users about a specific property advertisement misrepresenting the property, or its surroundings, or the inappropriate behaviour of a Vendor.

  • If a Vendor attempts to enter unsuitable material into the online database, or persistently misuses our site.

  • If we consider the property advertisement to be unsuitable, incomplete or misleading.

  • We reserve the right to refuse any property advertisement on our site where the content fails to meet our minimum requirements.

If a Vendor is in breach of these terms we may remove the property advertisement from our site without notice and without refund.

Deleting your property advertisement

If you wish to have your property advertisement removed from our site before the end of your paid subscription, this will be done as soon as we receive formal notice from the Vendor from their registered email address, quoting their Vendor ID, email address or telephone number and password. No refunds will be given.

Contactability

In the interest of maintaining a high level of service to Users of our site, we require all Vendors to be available to respond to User contacts by telephone or email. We reserve the right to suspend property advertisements of Vendors who are unreachable for more than one week. In this instance we will send messages by telephone and email asking for the Vendor to request re-activation upon their return.

We reserve the right to suspend or permanently delete advertisements in the event that:

  • the Vendor has not responded to a contact from a User more than 14 days after it was received; or

  • the Vendor has not logged into his or her account for a period greater than six (6) months.

External links

We reserve the right to remove from property advertisements both email addresses and links to external websites which either do not conform to the guidelines provided, or which we feel are not appropriate, or act against the interests of us or our Users. The ultimate responsibility and authority for determining the aforementioned rests solely with us. Should a Vendor add a link or email address without consent, re-add a link or email address after its removal or remove reciprocated links from their website, we reserve the right to cancel their Vendor account and property advertisements without refund.

Payments and subscriptions

Vendors pay a fee for advertising their property on ChangeHome. This subscription allows the property advertisement to be shown on the site for a period of time.

Payment for subscriptions and services

For property advertisements, we accept payment by PayPal, credit or debit card. For online payments, follow the simple instructions on our website when publishing a property advertisement.

If you prefer to supply us with your credit or debit card details by fax or telephone, please contact our customer support by using the Contact Us form with a telephone number they may contact you on.

Subscription Renewals

At the end of your subscription period, you will receive an email from us asking whether you would like to renew your subscription period. Payment for subscription renewals is as described above. Should you not renew your subscription, your advertisement will be changed to a draft status and will no longer be shown on our site.

Taxes including VAT

We are legally required to charge VAT on our fees at 20% to Vendors who are either resident in Italy or who are private individuals resident in the EU. If you are an Vendor resident outside the EU, VAT will not be charged as our services are outside the scope of Italian VAT when provided to you. If you are a Vendor within the EU registered as a company for VAT purposes (except in Italy) and if you provide us with a valid EU VAT number, we will not charge Italian VAT on our fees.

Refund policy

We provide an advertising service rather than a physical product. We offer a 'cooling off period' of seven working days wherein a Vendor may cancel their order for a property advertisement through the 'Contact Us' form on our site, stating the Vendor ID, property ID and the Vendor's password. The 'cooling off period' applies to the initial payment of a subscription, and not to any subscription renewals.

Changes to pricing and conditions

We reserve the right to change the rates and conditions without notice. Any new rates will be applicable immediately for all new property advertisements and renewals for both new and existing Vendors. We will announce new pricing by email to all Vendors a minimum of 30 days before coming into effect, to allow for cancellation of subscription renewals before the new prices take effect.

Other conditions

Information you provide us

All copyright, database rights, trade marks and design rights ("Intellectual Property") in our site and in the material published on it belong to us, our licensors or our Vendors. You may download material from our site for the sole purpose of using our site, but you must not copy, transmit, modify, republish, save, pass off or link to any content or material on our site without our prior written consent.

In respect of any information you provide to us or other Users of our site you will retain all rights you have in the Intellectual Property in such material, but you agree to:

  • Warrant to us that the material is your own original work and not entirely or partially copied from any other material; that you have all consents necessary to upload the material; that the material is accurate, complete and true; and that the material does not defame, cause injury to or invade the privacy of or otherwise infringe or violate any statutory, common law, regulatory or Intellectual Property rights of any third party;

  • Compensate us for any losses or liability suffered as a result of any claim against us by another User or any other third party in relation to the material which you provide;

  • Grant to us and our licensees a non-exclusive worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to use the Intellectual Property you have in such material in any media known now or in the future; and

  • Waive any moral rights or similar rights you have in the material whether such rights arise pursuant to the Copyright, Designs and Patent Act 1988 or equivalent legislation anywhere in the world.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials which you upload to our site or information you provide to us or any User of our site.

Your safety

Consideration should always be given to the nature of advertising online, contracts transacted on the Internet and the risks involved. Since we enable Vendors and Users to make direct contact with each other, you must therefore proceed with care and judgement when using our site or acting upon any contacts received.

Your waiver and indemnity

Your contract for the rental or sale of any property you advertise on our site is directly with the User of our site and we are not a party to that contract. In recognition of this, you agree to waive any claim you may have against us that is in any way connected with a dispute you have with a User of our site; and compensate us for any losses or liability suffered as a result of any claim against us by a User of our site or any other third party in relation to your dealings with Users of our site and third parties.

Our liability and responsibility

We act merely as a service allowing Vendors to advertise properties for rental and sale, for Users to search for available properties, and to allow Vendors and Users to make contact with each other, and we make no representations or warranties regarding the capacity of any User of our site to make contact with you.

To the extent permitted by law, we and third parties connected to us hereby expressly exclude:

  • All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and

  • Any liability for any direct, indirect or consequential loss or damage incurred by any User in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation, any liability for loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

Interruptions in our service

Whilst we take every care to maintain the continuity of our site, the Internet is not always a stable medium, and errors, omissions, interruptions of service and delays may occur at any time. As a result, we do not accept any ongoing obligation or responsibility to operate our site or any particular part of it.

Links from our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

No partnership or agency

Nothing in these Vendor Terms & Conditions or in your use of our site creates, or is intended to establish, any partnership, joint venture or agency between us.

Law and jurisdiction

These Vendor Terms & Conditions are governed by law of Italy, and the courts of Italy will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site (although we retain the right to bring proceedings against you for breach of these terms in your country of residence or any other relevant country).

You agree to comply with all applicable laws, statutes and regulations concerning your use of our site.

Events beyond our control

We will not be in breach of these Vendor Terms & Conditions, or otherwise liable for any failure or delay in performance, arising from any circumstances beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

Invalidity

If a provision of these Vendor Terms & Conditions (or part of any provision) is found illegal, invalid or unenforceable, the enforceability of any other part of these Vendor Terms & Conditions will not be affected.

Variations

We may revise these Vendor Terms & Conditions at any time by amending this page or by publishing notices elsewhere on our site.

Notices

Any notices that you wish to send us should be emailed to info@changehome.com. Any notices that we may wish to draw to your attention to will be displayed on our site or through our newsletter communications.

© 2010 Change Home S.r.l. All rights reserved.