Continue to main content
HomeAbout IntreaInvesting in real estateContact

General terms and conditions Intrea B.V.

ARTICLE 1. | DEFINITIONS
The following terms are used in these General Terms and Conditions as follows, save insofar as follows otherwise from the nature or meaning of the clauses.
1.1 Consumer: a Client who is not acting in the exercise of his profession or business
1.2 User: the registered user of the Online Portal.
1.3 Login details: name, email address, password and/or any additional security information such as a mobile number used to access the User's personal environment on the Online Portal;
1.4 Intrea: the private limited liability company Intrea B.V., with its registered office in the Netherlands at Nieuwehoflaan 4, 5066 AG Moergestel, listed in the Trade Register under number 78518679.
1.5 Online Portal: the online environment of Intrea, accessible via https://www.beleggeninvastgoed.eu/, wherein the User is provided with a personal environment by Intrea for the creation of a property investment profile, among other things, as well as for searching, managing and offering real estate properties.
1.6 Client (masculine, singular): any natural or legal person with whom Intrea has entered or intends to enter into an agreement.
1.7 Parties: Intrea and the Client jointly.
1.8 Agreement/Contract: any agreement between Intrea and the Client in connection with the provision of services by Intrea for the benefit of the Client.
1.9 Written: communication in writing, via email, or any other means of communication that can be regarded equivalent to it given the advances in technology and the generally accepted standards.

ARTICLE 2. | APPLICABILITY
2.1 These General Terms and Conditions shall apply to all offers, contracts, agreements and commitments between Intrea and the Client, and the execution thereof and the services Intrea shall provide him.
2.2 Intrea expressly rejects the applicability of the Client's general terms and conditions, however named.
2.3 These General Terms and Conditions shall also apply to agreements for the execution whereof Intrea engages third parties. These third parties shall be entitled to rely directly on these general terms and conditions vis-à-vis the Client.
2.4 Deviations in the provisions of these General Terms and Conditions are only valid when in writing.
2.5 In case of conflict between Intrea's General Terms and Conditions and the Agreement, the provisions in the Agreement shall prevail.
2.6 Annulment or invalidation of one or more provisions of these General Terms and Conditions does not impede the validity of the remaining provisions. Where appropriate, the parties shall be obliged to reach a consensus through mutual consultation in order to make an alternative arrangement for the affected clause. The purpose and meaning of the original provisions shall thereby be taken into account as far as possible.
2.7 Intrea is entitled to amend these General Terms and Conditions unilaterally. The amendments shall come into effect one month after they are announced or on a further specified date through a written notification or an announcement on the Intrea website. If the Client does not wish to accept the amendments in the General Terms and Conditions, he has the right, until the date on which the amendments come into effect, to terminate the agreement by registered letter as of the date on which the amended Terms and Conditions come into force. Once the amendments come into effect, the Client shall be regarded as having tacitly accepted the amendments.

ARTICLE 3. | OFFER AND REALISATION OF THE AGREEMENT
3.1 All Intrea offers and quotations are non-committal, even when they include a term of acceptance. Intrea is never obliged to accept a contract..
3.2 The Client cannot derive any right from an Intrea offer that contains an obvious error or mistake.
3.3 An agreement shall only be considered to have come into effect once the offer is accepted. If Intrea has started its work without the Client protesting against it, the offer is deemed to have been accepted on the basis of the quotation.
3.4 The Client must treat the information from Intrea's offer documents as confidential and is not allowed to use it for his own use or use by third parties, nor may it disclose it to third parties prior to the conclusion of the Agreement.
3.5 If no Agreement is entered into on the basis of an offer made by Intrea, the Client must, upon Intrea's first request and at his own expense and risk, immediately return the offer and all related documents to Intrea's address.
3.6 Specific details, tailored advice, etc., contained in the offer may not be used by the Client in the event that the offer is rejected, and no rights may be derived therefrom vis-à-vis Intrea unless the Client pays Intrea a reasonable fee for this.
3.7 An Intrea offer does not automatically apply to any subsequent agreements. However, insofar as no amendments are made in it, these General Terms and Conditions shall apply to any subsequent agreements without Intrea being obliged to submit these General Terms and Conditions to the Client again each time.

ARTICLE 4. | USE OF THE ONLINE PORTAL
4.1 Users can create a real estate investor profile through an account in the Online Portal and search for, manage and offer real estate objects. Intrea determines whether an offered real estate object or project can be offered through the Online Portal based on strict criteria. Verification will also take place via an expert lawyer hired by Intrea.
4.2 To be able to (continue to) make use of the Online Portal, the User has to create an account by creating Login details. This is the User's personal environment on the Online Portal. The agreement between the User and Intrea to use the Online Portal comes into effect once the User has created Login details for the personal environment on the Online Portal, or if parties otherwise agree in writing, including by e-mail.
4.3 The User guarantees that their account on the Online Portal will be managed exclusively by the User, or at least by persons authorised to do so for the User and who are irrevocably and unrestrictedly authorised to represent the User in performing legal transactions on their behalf vis-à-vis Intrea.
4.4 If Intrea creates an account at the User's request, Intrea will create the User's Login details. Once Intrea provides the User with the Login details, the User becomes responsible for the Login details and the management thereof.
4.5 The User is responsible and liable for all actions carried out through the User's Online Portal. The use is entirely at the expense and risk of the User. The User is solely responsible for the Login details, including passwords. Misuse of the account on the Online Portal shall be at the User's risk, and Intrea shall not be liable for damage resulting from misuse. Legal transactions on behalf of the User in which Intrea entered into in good faith must at all times be complied with by the User vis-à-vis Intrea.
4.6 The User is solely responsible for the confidentiality of Login details. As soon as the User finds out or has reason to suspect that Login details have fallen into the hands of unauthorised persons, the User is obliged to inform Intrea about it immediately and is committed to taking effective measures to limit the damage, such as changing the Login details, among other things. Intrea is not liable for damage resulting from any unauthorised access to or misuse of the User's account on the Online Portal by whosoever, including unauthorised persons or third parties in general.
4.7 The User is expected to change the password associated with the Login details from time to time. Intrea may request the User to change his password at any time, and the User shall comply with such request.
4.8 Intrea is solely subject to a best-efforts obligation with respect to the use of the Online Portal by the User. The User accepts that the account on the Online Portal only contains the functionalities and features as the User finds them at the time of use unless it is not possible for the User to make use of Intrea's core service.
4.9 Intrea is entitled at all times, without prior notice and without being liable or liable in any way to the User for damages, to modify and/or (temporarily) discontinue the (content or functionalities of) the Online Portal and the environment of the User's account, and to carry out maintenance without prior notice.
4.10 If the Online Portal and the User's account or (functionalities on) the Website are (temporarily) unavailable, for instance, due to a technical malfunction, Intrea shall not be liable for the consequences thereof unless the malfunction is a result of intent or gross negligence on the part of Intrea or its employees.

ARTICLE 5. | GENERAL OBLIGATIONS OF THE CLIENT
5.1 The Client is obliged to furnish Intrea with all information that is reasonably relevant for the set-up and (further) execution of the Agreement as soon as possible as required for this purpose.
5.2 The Client guarantees the completeness and correctness of all information furnished by him or on his behalf to Intrea.
5.3 The Client is responsible for the way in which and the means by which the information is delivered to Intrea. The Client ensures that the information does not infringe in any way the rights of third parties. The Client indemnifies Intrea against all claims of third parties in this regard.
5.4 The Client shall immediately comply with instructions and directions of Intrea, and the Client shall, at its own initiative, provide Intrea with all information which the Client suspects or is likely to suspect is of importance or useful for the execution of the Agreement by Intrea.
5.5 If the requested data are not furnished to Intrea in time, Intrea is entitled to suspend the activities associated with the execution of the Agreement and/or to pass on the loss resulting from the delay to the Client according to the usual rates.
5.6 The Client is not authorised to transfer the rights and obligations from the Agreement or these General Terms and Conditions to third parties without prior written permission from Intrea.

ARTICLE 6. | EXECUTION OF THE AGREEMENT
6.1 Intrea will execute the Agreement to the best of its knowledge and ability. Intrea is at all times subject to a best-efforts obligation only.
6.2 The Client is familiar with and aware of the fact that investing involves risk. Intrea offers no guarantee(s) whatsoever with regard to a potential return on investment.
6.3 Parties are aware that the success of the Contract depends on efforts on both sides, proper communication and proper mutual cooperation. The Client shall therefore provide, at Intrea's request, the cooperation that can reasonably be expected from him.
6.4 If and insofar as proper execution of the Agreement so requires, Intrea is free to have certain tasks carried out by third parties. The applicability of Articles 7:407 paragraph 2 and 7:409 of the Dutch Civil Code is expressly excluded.
6.5 If during the execution of the Agreement, it becomes apparent that it is necessary to amend or supplement it, the parties will make adjustments to the Agreement in good time and in mutual consultation.
6.6 If a deadline has been agreed upon or specified for the execution of certain tasks, then this is an indicative deadline and never a firm deadline. The exceeding of a deadline by Intrea shall never result in Intrea being liable for compensation.

ARTICLE 7. | DURATION AND CONCLUSION OF THE CONTRACT
7.1 There may be circumstances under which it is not possible to state in advance exactly how long the turnaround time of the fulfilment of the Contract will be. The turnaround time is also dependent on the quality of the information, facts, resources and cooperation that Intrea receives from the Client. Deadlines within which tasks must be completed are therefore never to be considered as absolute deadlines.
7.2 The Contract is concluded in the financial sense as soon as the Client has settled the final invoice.

ARTICLE 8. | INTERIM TERMINATION OF THE CONTRACT
8.1 Parties are allowed to terminate the Agreement unilaterally and prematurely, subject to a reasonable notice period of at least one month if one of them is of the opinion that the Contract execution can no longer take place in accordance with the Agreement. The wish to terminate must be made known to the other party in writing, stating the reasons. The parties may only exercise the authority to terminate if, as a result of facts and circumstances beyond the control of the terminating party or not attributable to it, completion of the Contract cannot reasonably be required. Intrea is entitled to charge the Client for the work performed up to that point. Intrea is entitled to charge the Client for any additional costs incurred in this respect.

ARTICLE 9. | RATES AND PAYMENT
9.1 Unless otherwise stated, the rates apply as per the offer made by Intrea. The prices stated in the offer are exclusive of VAT unless expressly stated otherwise. If the Client is acting as a consumer, then the prices stated in the offer shall be deemed inclusive of VAT. In the absence of a written offer, the Client will be charged the prevailing Intrea rates.
9.2 Third-party expenses associated with the execution of the Agreement by Intrea, shall be charged separately to the Client unless expressly agreed otherwise between Intrea and the Client.
9.3 Intrea is entitled at all times to demand full or partial payment in advance of the agreed fee or payment of a deposit or any other form of security.
9.4 Intrea will not be obliged to (further) execute the Agreement for as long as the Client is in default of its payment obligation to Intrea.
9.5 Unless expressly agreed otherwise, invoices must be paid within fourteen (14) days after the date stated on the invoice and in the manner Intrea specifies on the invoice.
9.6 Invoices of Intrea should be paid on time, without deduction, reduction or offset. The Client is not authorised to postpone any payment obligation.
9.7 In the case of a jointly awarded contract, the Clients are jointly liable for payment of the invoice amount insofar as Intrea has carried out the work on behalf of the joint Clients, irrespective of the name on the invoice.
9.8 Intrea is entitled to make the invoices due to the Client available to the Client by e-mail only.
9.9 The Client is never entitled to offset any amounts owed to Intrea against any counterclaim, on any grounds whatsoever, which the Client may have against Intrea. This also applies if a moratorium and/or bankruptcy or a debt restructuring arrangement has been applied for or declared regarding the Client.
9.10 If payment is not made on time, the Client is in default by operation of law. From the moment of entering default, the Client shall owe an interest of 1.5% per month on the amount due, or the statutory interest if this is higher, whereby part of a month shall be regarded as a full month.
9.11 All reasonable costs, including judicial, extrajudicial and execution costs, incurred to obtain the amounts due by the Client shall be borne by the Client. These costs are at least 15% of the amount due.
9.12 Payments made by the Client always serve first to settle all interest and costs due and then to settle due and payable invoices that have been outstanding the longest, even if the Client states that the payment relates to a later invoice.

ARTICLE 10. | LIABILITY AND INDEMNIFICATION
10.1 Intrea has only a best-efforts obligation towards the Client. The execution of the Contract is carried out exclusively for the benefit of the Client. Third parties cannot derive any rights from the content of the work carried out for the Client.
10.2 Intrea's liability is limited to direct material damage caused by a shortcoming attributable to Intrea.
10.3 In the event of a shortcoming attributable to Intrea in the execution of an Agreement with the Client, Intrea shall never be liable for indirect damage suffered by the Client, including, in particular, but not limited to consequential damage such as loss suffered by the Client or loss of profit as a result of depreciation or
appreciation of a property investment, loss of turnover, lost savings, business interruption or damage to third parties.
10.4 Intrea shall never be liable for any damage whatsoever, resulting from errors in software or other computer programmes used by Intrea or from the inability to use them either fully or without interruption.
10.5 Intrea shall never be liable for any damage whatsoever caused by the fact that the Client did not ensure or did not ensure on time that the documents necessary for the performance of a (mandatory) legal transaction during the execution of the Contract were ready and/or that funds were not paid or not paid on time.
10.6 If Intrea is liable for any loss, Intrea's liability shall be limited to the amount paid out in the case in question under its liability insurance policy, increased by any deductible that Intrea may have to bear under the policy, but at all times - whether or not the insurer pays compensation - to an amount equal to the amount of the fee for the services provided or to be provided by Intrea in the context of the Contract.
10.7 If the Contract involves a continuing performance contract with a term of more than one year, the maximum amount referred to in the previous paragraph is set equal to the amount charged to the Client in the twelve months preceding the occurrence of the damage.
10.8 If Intrea enters into an Agreement with a Client affiliated to a Client with whom Intrea has already entered into an Agreement in the twelve months preceding the conclusion of this Agreement, then this Agreement shall be considered to be a continuing performance agreement as referred to in the previous paragraph.
10.9 Under no circumstances shall the total compensation of the damage on the grounds of this article amount to more than € 10,000.00 per event, where a series of related events shall be regarded as one event.
10.10 Damage, for which Intrea could be held liable on the grounds of these General Terms and Conditions, should be notified to Intrea in writing as soon as possible, in any case, within fourteen (14) days after the occurrence thereof. Damage, which is not notified within this period, shall not be considered for compensation unless the Client makes a plausible case that he could not have reported the damage earlier.
10.11 Intrea is not liable for damage to the Client caused by Intrea's action based on the incorrect or incomplete information provided by the Client or third parties.
10.12 Intrea is entitled to employ third parties or use their services or products during the execution of its services and activities. Intrea is not liable for the services or products provided by these third parties.
10.13 The Client indemnifies Intrea against all third party claims - including for damages suffered by third parties - as a result of the use of goods and/or files and/or services supplied and/or made available by Intrea to the Client under the terms of the Agreement.
10.14 The liability limitations of these General Terms and Conditions do not apply if the damage is caused by wilful intent or deliberate recklessness on the part of Intrea.

ARTICLE 11. | FORCE MAJEURE
11.1 In the event of force majeure, Intrea is entitled to temporarily suspend its obligations under the Agreement without being liable for compensation. Intrea cannot be held accountable for non-compliance during the period of force majeure.
11.2 Force majeure includes fire, power failure, internet malfunction, cyber-attacks, hacks, extreme temperature fluctuations, natural disasters and the case where third parties engaged by Intrea for the execution of the Agreement, regardless of the reason are not able to execute.
11.3 Intrea shall no longer be entitled to suspend performance if the force majeure has lasted for a continuous period of three months or sooner if it has been determined that fulfilment has become permanently impossible due to force majeure. In that case, Parties shall be entitled to dissolve the Agreement without being liable to each other for damages in any way. Dissolution shall not affect the Client's due and payable payment obligations.

ARTICLE 12. | SUSPENSION AND DISSOLUTION
12.1 If the Client fails to comply, fails to comply adequately or on time with any of its obligations under this or any other agreement entered into with Intrea, he shall be deemed to be in default by operation of law. Intrea will always be entitled, at its discretion, to either suspend its own obligations fully or in part, or to dissolve the Agreement, fully or in part, or to demand compliance, without prejudice to Intrea's claims for compensation. All these cases shall always result in all amounts owed to Intrea becoming due and payable.
12.2 Intrea is entitled to dissolve the Agreement fully or in part with immediate effect without notice of default and judicial intervention, by means of a written notification to the Client, in the event that the Client is placed under receivership or declared bankrupt, or placed under tutelage or administration and/or is closed down or liquidated, or if any attachment is levied on the Client's assets.

ARTICLE 13. | COMPLAINTS AND GRIEVANCES
13.1 A complaint regarding work performed and/or services rendered must be submitted to Intrea in writing within fourteen (14) days after the Client has discovered or reasonably should have discovered the shortcoming, whereby the Client must provide evidence of the nature of the shortcoming and specify when and how it was discovered. Exceedance of this period shall result in the forfeiture of all claims.
13.2 Complaints regarding invoice amounts should be submitted to Intrea in writing within fourteen (14) days after the invoice date. Exceedance of this period shall result in the forfeiture of all claims.
13.3 Even when the Client submits the complaint on time, his obligation to pay Intrea on time remains.

ARTICLE 14. | CONFIDENTIALITY AND PRIVACY
14.1 Parties shall ensure that all information that they receive from each other (about each other and third parties) and which can be assumed to be confidential is handled as such.
14.2 Confidential information shall exclusively be used for the purpose for which it is provided.
14.3 During the execution of the Agreement and provision of services, Intrea processes personal data of the Client or User. Intrea always processes personal data in accordance with its privacy statement and applicable laws and regulations. Personal data shall not be used for any purpose other than the execution of the Agreement and provision of services to the Client or User. Personal data will not be made available to third parties unless this is necessary for the execution of the Agreement.
14.4 The Client indemnifies Intrea against claims from persons whose personal data are processed in the scope of the Agreement (in the sense of the General Data Protection Regulation) or authorities supervising such processing. Parties are jointly responsible for processing such personal data and processing in accordance with the laws and regulations in the field of privacy and personal data. Parties guarantee that they comply with these regulations.
14.5 The Client is not permitted to reproduce and/or disclose Intrea's procedures, methods and techniques without Intrea's prior written consent. Advice given by Intrea to the Client shall not be provided to third parties without prior written permission from Intrea.

ARTICLE 15. | DISPUTES
15.1 Any Agreement and all legal relationships between Parties resulting therefrom are subject to the Dutch Law.
15.2 Disputes arising from legal relationship(s) between Intrea and the Client shall be submitted to and settled by the District Court in Zeeland-West Brabant located in Tilburg. By way of derogation, Intrea is entitled to present disputes to the competent court by virtue of the law.

One moment please...
If the website doesn't respond,
please contact us.

Contact Close