• Mon - Sat 8.00 - 18.00
  • 1010 Moon ave, New York, NY US
  • +1 212-226-3126
  • Mon - Sat 8.00 - 18.00
  • 1010 Moon ave, New York, NY US
  • +1 212-226-3126

ToS

Terms of Service (ToS)

The brokerage company provides brokerage and advisory services in the areas of exclusive vehicles, real estate, luxury goods and investments to high net worth individuals and companies worldwide.

With effect from January 1, 2019, these terms of service are fully valid for all existing customers and all new customers for all services and services of the company.

The agency will inform all existing customers about these terms and conditions by 18.12.2018 via e-mail and publish these terms and conditions on all websites of the company on the same due date.

1. Mediation services

Contractual definition:

What is a placement service and what does the placement service include?

A classic mediation service is when a vehicle or other object such as a a watch, real estate or other luxury goods that the interested customer wants to purchase are directly available.

In one common workflow, the brokerage company offers the good, which can be done publicly or discreetly and not publicly through various digital and analogue channels.

Another classic case is when an interested customer inquires about a particular vehicle, watch, real estate or other object and the brokerage company communicates directly with the owner of that desired item and therefore can make a direct brokerage without additional expense.

It is incumbent on the brokerage company to inform the contracting party in writing and to point out that certain wishes and services requested by contracting parties in addition to the regular brokerage service (discribed in 1.) are not part of the normal brokerage service.

It is then up to the contracting party of the brokerage company to commission these additional services in writing.

The brokerage company can not and may not provide and charge for any additional services required without the consent and written instructions of the contracting party. With assignment, these terms and conditions apply as fully and fully accepted.

 



1.1 Components of the brokerage service / mediation services

Included in the brokerage service and services provided by the Broker under a regular brokerage service are:

– Confirmation of the availability of the object of sale and the selling price
– Clarification and determination of delivery and payment conditions
– Verification of the sales item with manufacturer data and certificates, public and non-public registers & databases
– Provision and adaptation of a proven and proven purchase contract for the object of sale

1.2 Agency fees

– up to a value of the sales item of € 300,000 we charge an agency fee of 8% or a flat rate of

€ 15,000.

– up to a value of the sales item of € 500,000 we charge a commission of 6% or a flat rate of

€ 20,000.

– from a value of the sales item of and greater than. € 500,000 we charge a fixed and non-negotiable agency fee of 5%.

Swiss TVA of 7.7% applies on our fees for clients inside Switzerland.

1.3 What is not included in the placement service?

The following services and the associated costs and fees are expressly not included in the placement service.

1.3.1 External Services & Fees

Fees for Escrow & Notary
Fees for translations & certificates
Legal fees for the purchase
Legal fees for export
Legal fees for import
Regional VAT / sales tax
Tax advice / VAT refunds
legal advice

Tax advice and legal advice is not provided by us and can also be used by external consultants and service providers for a fee. Based on our experience, we can recommend very competent experts in these areas, the buyer and the seller is of course free to select experts from these areas themselves.
The following fee-based additional services not included in the brokerage service can be ordered from the Brokerage Company:

1.4 Internal Services & Fees

A: Search order

If a particular vehicle, clock, real estate or other valuable object is not directly available from the brokerage company and its network partners and customers, the interested buyer may instruct the brokerage company to search.

 

B: Marking and display on behalf of the customer

If an owner of a vehicle, a clock, a real estate or any other valuable object, the brokering company is commissioned to market them according to the customer’s desire the object of mediation either publicly or discreetly and offer suitable customers and network partners for sale.

For vehicles, the owner is free to offer his vehicle for sale in a showroom in public (display) for sale and to discreetly store the vehicle in the air-conditioned storage where it can only be visited by appointment and after checking the potential buyer.

C: import / export and customs documents

Upon customer request, after a successful brokerage service (1.) the processing of import and / or export, including the creation of customs documents, can be carried out by the brokerage company.

D: transportation

Upon customer request, after a successful placement service (1.), the organization of the transport from the location of the seller to any desired location worldwide can be commissioned. All kinds of transport are available, such as

– Transfer on own axis
– Transfer in closed transport
– Transport sea freight
– Transport air freight

E: storage / warehouse

Upon customer request, after a successful brokerage service (1.), air-conditioned storage can be offered both in Switzerland and in many other European countries as well as worldwide at preferential prices for existing customers.

D: Fee counseling daily rate

For fee-based advice that is provided separately or separately from the placement services (1.) we charge a daily rate of
€ 1000.- plus possible travel expenses.
Swiss TVA of 7.7% applies on our fees for clients inside Switzerland.

E: Fee counseling weekly rate

For fee-based advice that is provided separately or separately from the placement services (1.) we charge a weekly rate of
€ 5000.- plus possible travel expenses.
Swiss TVA of 7.7% applies on our fees for clients inside Switzerland.

F: Value determination of market value / sales price

For the valuation and estimation of a real attainable selling price which is provided additionally or separately from brokerage services (1.) we charge a lump sum of:

€ 500 for valuables up to € 500,000
€ 2000 for valuables up to € 2 million
€ 5000 for valuables over € 2 million

Swiss TVA of 7.7% applies on our fees for clients inside Switzerland.

G: Customer Ranking Consultation with manufacturers of exclusive vehicles

Through our network, we are in many cases in a position to establish a customer relationship with the desired manufacturer for our customers and to improve the existing rating of the respective manufacturer so that the customer is in the position of his desired limited or “special editions” to order directly from the manufacturer.

Since the consulting effort varies greatly depending on the desired vehicle and the initial situation of the customer, we recommend that you request a free and non-binding offer in writing.

We therefore recommend this service only if the customer wants to sustainably improve his customer relationship and status with the respective manufacturer in the long term.

The consulting fees are independent of success because a final decision of the manufacturer on the delivery does not depend on our decision. However, we can demonstrably take over the initiation of the customer order and significantly improve the rating of the customer.


2. Severability clause

Should individual provisions of this contract be ineffective or impracticable or become ineffective or unenforceable after the conclusion of the contract, the validity of the remainder of the rest remains unaffected.

The ineffective or unenforceable provision shall be replaced by an effective and enforceable provision whose effects come closest to the economic purpose pursued by the contracting parties with the invalid or unenforceable provision. The above provisions shall apply mutatis mutandis in the event that the contract proves to be incomplete.

3. Jurisdiction and applicable law

For commercial and private customers in Switzerland, the place of jurisdiction is:

6300 Zug, Switzerland and Swiss law as agreed.


For commercial and private customers outside Switzerland, the place of jurisdiction is:

Berlin, Germany and German law as agreed.


4. Effectiveness, Announcement & Acceptance

 

These terms and conditions apply to existing and new customers of the brokerage company from 01.01.2019 and are to be delivered to the respective customer in writing by e-mail prior to the initiation of a brokerage business and all additional services subject to a charge.

Furthermore, the terms and conditions are publicly available on the company’s website www.fragopoulos.net/ToS and permanently published there since 18.12.2018.

 

In addition, the brokerage company is obligated to deliver the terms and conditions of all offers, invoices and initiation of brokering services and chargeable additional services to the interested party by e-mail and will log this shipment and the delivery to new contractors and archive the logs.

 

The acceptance of the terms and conditions takes place at the latest by written commissioning of a brokerage service or a chargeable service by the contracting party of the brokerage company.

 

  1. Privacy

 

For information on data protection and the processing and use of stored data, please refer to the corresponding declaration at www.fragopoulos.net/privacy

publicly available and permanently published there since 18.12.2018.

 

Zug, Switzerland the 18.12.2018