PLEASE READ CAREFULLY THESE GENERAL CONDITIONS – LEGAL NOTICE BEFORE ENGAGING WITH TÜRKIYE INVEST.
Object and field of application:
Turquoise.immo, turquie-immobilier.com and Real Estate Turkey are brands owned by the company ” L’agence Turquoise Ltd “. The present General Commercial Conditions are intended to govern the commercial relations between Turquoise.immo, Turkey-immobilier.com, Real Estate Turkey and The Turquoise Agency Ltd (which will be used interchangeably and also described by “We”) and our customers (described thereafter by “Customer” or “you”).
On the basis of these Terms and Conditions of Business, Turquoise.immo will provide the Customer with various services such as advice on the purchase and sale of real estate in Turkey, advice on the management of works and renovations, advice on the creation of companies and certain related services.
These General Terms and Conditions of Business form an integral part of any contract entered into between the Customer and Us whether by signing a form online or on paper.
By concluding a Contract with turquoise.immo, the Customer accepts the present General Conditions of Sale. A list of rates and fees as well as a list of services are available on the site Turquoise.immo or on brochure by simple request.
All other general conditions which deviate from, contradict or complete the present General Commercial Conditions will be excluded from any Contract, except if otherwise expressly agreed in writing between the Customer and turquoise.immo.
In the event of a conflict between these General Terms of Business and any Contract, the provisions of the Contract will prevail over these General Terms of Business.
We may modify this agreement at any time and any modification made will be published on this page and, if necessary, will be notified to you by e-mail. Please check this page frequently for updates or changes to this agreement. When we make material changes to this Agreement, you must notify us of your objection to such changes in writing within 30 days of the change becoming effective, or the changes will be deemed accepted by you and the Agreement amended accordingly.
Content and Scope of Services:
Turquoise.immo proposes Advice and accompaniment as well as Additional Services
Turquoise.immo can provide to the Customer an accompaniment for the constitution of a company in Turkey. Turquoise.immo can also arrange, subject to acceptance by Turquoise.immo, whether through affiliates of Turquoise.immo or third parties, the provision of Additional Services such as the appointment of trustees, shareholder trustees, internet merchant account, company logos, company stamp, power of attorney, notarial certification and apostille on documents. The term “affiliates” means, with respect to The Turquoise Agency Ltd, a subsidiary or holding company of The Turquoise Agency Ltd or any other subsidiary of such holding company as well as any companies that have entered into a commercial agreement to represent The Turquoise Agency Ltd and distribute its services.
All Additional Services will be provided on the basis of a specific agreement between the Client and the relevant Additional Services provider.
The Investor Package:
As part of the advice for the acquisition or sale of real estate, Real Estate Turkey offers a comprehensive service package tailored for foreign investors. These services are included in the acquisition prices of the “direct properties” and are indicated in the brochure “Services and Rates” (see last edition) on simple request.
Content of this service package :
- Consultation to evaluate the Client’s project, taking charge of the real estate project and assistance in the administrative steps.
- The accompaniment for the constitution of a company is possible on request. Agence Turquoise Ltd will limit itself to the recommendation of a third party specialized in these procedures. The incorporated company is generally a “Limited company” (“Ltd”). The responsibility of Turquoise Agency Ltd will not be involved in the legal and administrative operations of the company thus created nor in its management. We disclaim any responsibility for the consequences of a possible fraudulent use of such structures.
2.A) Ordering and reserving a company name:
The recommended by Real Estate Turkey will be responsible for the verification and
and the actual purchase of the company name. Neither Immobilier Turquie nor the third party can be held responsible for the unavailability of a company name. A company name may be free at the time of reservation/registration, but it can happen that the registration body rejects the name at the time of registration because it is too close to of another existing company or for any other reason specific to the organization.
2.B) Delivery time :
The third party is subject to the processing times of each state or country of incorporation. As soon as the official documents are returned, they will be redirected to you as soon as possible. The registration of a
company can take from 3 days to 8 weeks plus postal delays.
A copy by email or fax of the official documents can be sent to you by the selected third party as soon as the state returns them.
Real Estate Turkey cannot guarantee an exact date or time of delivery of the product or
product or service due to the dependence on other organizations.
3. The opening of personal or corporate bank accounts for which the investor will be the sole
the sole signatory. This may include a debit card and access to online bank. The rental income can be directly.
3.A) The bank introduction service :
As its name indicates it, Turquoise.immo introduces the customer to a bank
partner bank with which our group has either an experience, or a contract
or an agent’s contract. Our service consists in simplifying the procedure for our client, following
customer, follow and advise the customer in this banking stage by
our contacts and/or our experience with the bank. This
service is often included free of charge in our packages or it may be
perhaps invoiced at 250€ HT to cover our time of intervention and work.
and work time. The bank introduction service can in no way be guaranteed and/or
be guaranteed and/or refunded.
Turquoise.immo can assist the Customer
in the framework of the opening of a bank account. In this context,
Turquoise.immo can propose to the Customer a list of banks, but it is
the Customer who remains responsible for the choice of his bank. The successful implementation of
of complementary services such as credit cards, bank checkbooks or access to
bank checkbooks or internet banking access is not guaranteed.
guaranteed. The service may only be used for legal purposes.
3.B) Opening a bank account:
The Customer may be required to pay a lump sum in certain cases for the provision of
for the provision of services related to the opening of a bank account.
account.
The files are subject to acceptance by the bank concerned.
In depending on the bank, the client must meet the requirements of the
and provide all the necessary elements. Any
incomplete file leads to a delay or a refusal.
After opening the
account, each client becomes a client of the bank and it is to the bank
and it is to the bank that one must address oneself afterwards.
In the particular case of
In the particular case of a bank account opening, Real Estate Turkey acts as a third party
as a third party in the relationship between the Bank and the Customer. By
Consequently, Turkey Real Estate can in no way be held responsible for the
responsible for the relationship between the Bank and the Customer. Real Estate
Turkey Real Estate has no authority to act and does not claim to act as an employee
employee, representative or member of the management of the Bank and/or to sign
and/or sign on its behalf or incur any liability whatsoever on behalf of the Bank.
Note: Turkey Real Estate shall not be liable in the event that any
be held responsible in cases where an application for opening a bank account, obtaining
bank account or to obtain means of payment would be refused. Our role
being simply limited to the banking introduction.
The accompaniment
in the administrative steps for the acquisition of the property
real estate: accompaniment to the land register (Tapu) and recommendation of a
of a lawyer on request (lawyer’s fees not included).
The contact with our partner specialized in renovation. When
the Client does not wish to work with our partner and wishes
that L’Agence Turquoise Ltd supervises the management of the renovation of the property
and / or the compliance before the renting (maintenance of the property not included
maintenance not included once the renovations are completed) with another renovation
renovation company (selected by the Client), a site supervision fee of
supervision fee of 20% (excluding VAT) of the total amount of the renovations
will be charged to the Client.
The connection with our
rental management partner. This partner will be in charge of
ensure the proper management of the property, the maintenance (under normal
maintenance (in conditions of current use) and of the good payment of the rents.
The agency
Turquoise Ltd will put you in contact with our partner company
responsible for the rental management. However, Real Estate Turkey does not have
not have the power to act and does not claim to act as an employee, representative or
representative or member of the management of the rental management company
management company or to sign on its behalf or to incur any liability on behalf of the
on behalf of the Rental Management Company. Our role being
limited to the introduction with our partner.
However,
management fees and terms, to be paid by the client, may change and
evolve and are to be defined contractually between the Client and the
management company (without any responsibility of Immobilier
responsibility of Turkey Real Estate).
In general, all the expenses
relating to the good management of the property remain the responsibility of the
the investor, such as, but not limited to
– The bookkeeping of the company (if the property is held by a company)
– The various taxes or/and levies,
– Work and maintenance costs,
– Change of tenant (for contracts of one month or more)
– Etc.
7. Connection with tax and accounting assistance. This setting assistance” does not include fees or charges for various tax returns fees or charges for tax declarations, bookkeeping and other expenses related to and other expenses related to the investor’s real estate investment.
the investor’s real estate investment. The responsibility of Turquoise Agency Ltd is limited to putting the investor in contact with the professionals requested by the investor.
Right to refuse services :
Real EstateTurkey reserves the right to refuse all or part of the services
services it offers to a Client without reason or explanation, and cannot, in any case, be
be held responsible for this refusal.
Legal advice :
Well Real Estate Turkey strives to provide true and correct information on all
and correct information on all its services, it does not provide legal advice.
legal advice. It is the Client’s responsibility to ensure that he/she receives all necessary
necessary legal and tax advice with regard to his real estate project in Turkey.
real estate project in Turkey. Real Estate Turkey cannot be held responsible for
responsible that the establishment and the exploitation of its company of the
company complies with the law, and it will be the Client’s responsibility to ensure
that the activities will not violate the law of any competent jurisdiction.
jurisdiction.
Legal Purposes:
Customer warrants that it will not use any of the rights granted in a Contract for any illegal
illegal, obscene, immoral or defamatory purposes and will not discredit Turkey Real Estate in any way. The Client may not in any way
use or associate the name of Turkey Real Estate or any other names and brands associated with Turkey Real Estate, in whole or in part, for commercial
commercial purposes. If necessary, Turkey Real Estate reserves the right to cooperate with any
right to cooperate with any official investigating authority in case of
allegations of misconduct against the Client.
Money laundering and due diligence:
The Client will provide Turkey Real Estate with any information deemed necessary by the latter
necessary to ensure that the Company complies with the applicable legislation on
applicable anti-money laundering and due diligence legislation.
and due diligence. It is the Client’s responsibility to ensure that
the information provided to Real Estate Turkey is correct. The Client
also declares to Turkey Real Estate that the assets or funds
introduced into a Company do not constitute, either directly or indirectly
directly or indirectly, the proceeds of a crime or of any other illegal activity.
illegal activity. In order to enable Turkey Real Estate to meet its legal obligations, the Client
legal obligations, the Client will keep Turkey Real Estate fully and promptly
promptly informed of any change concerning the economic beneficiary, the
economic beneficiary, the shareholders and the managers of the company.
Obligations of the Client:
The Client is required to provide the following information:
A copy of the proof of identity
A signed copy of the company’s articles of association (by-laws and articles of association)
A copy of the company’s register of directors
A copy of the company’s certificate of incorporation
A power of attorney by mail
In any case, immediately inform Turkey Real Estate of any change in the above-mentioned documents
to the above-mentioned documents, to its legal form and to its corporate
its corporate purpose, as well as any modification concerning the name and personal
personal address of the persons who have the power to bind the company
company
It is the Client’s responsibility to inform all parties of the
change of address. Mail sent at a later date will be returned to the sender.
returned to the sender.
Fees and terms of payment :
The Customer commits himself paying the commissions claimed by Immobilier
Turkey. The scale of fees of Immobilier Turquie appears in the list of fees available on our brochure ” Services and Rates ” and/or on our website
on our Internet site ” turquoise.immo ” and/or in the present legal mentions. In addition to the expenses mentioned on the brochure (or the various
documents made available to the Customer), the Customer acknowledges to reimburse all
must reimburse all the expenses incurred in a non-limitative way.
Real Estate Turkey will only start a phase of execution after the receipt of the full payment of the fees for this service. Within the framework of a project, a non-refundable deposit of 50% of the total fees corresponding to the high end of the value of the property being searched for will be required prior to the commencement of the
research. All fees and charges are payable in the currency designated by designated by Real Estate Turkey which is usually the Euro (€). The Client is not entitled to withhold fees and expenses as a result of claims
claims related to any service, warranty or liability. From
any right of set-off on the part of the Customer is hereby excluded.
hereby excluded.
Financial Information:
The information of rental reports and other financial information
specified on the Turquoise.immo website and the communication documents communication documents brought to the knowledge of the Client have been realized according to
analyses specific to Real Estate Turkey and corresponding to its unique vision
unique vision of the real estate market in Turkey.
Real Estate Turkey cannot be held
be held responsible for the final financial results, because these
depend on numerous risk factors, such as economic, social, diplomatic or
economic, social, diplomatic or material factors that cannot be controlled.
All figures specified in the communication documents of Real Estate
documents are given only as an indication, these results are
results are not guaranteed by Agence Turquoise Ltd.
Real Estate Turkey will not be held responsible in the event that
results different from those estimated would impact the Client.
Communication and instructions:
The Client and Turkey Real Estate may send to each other instructions, notices
instructions, notices, documents or any other communication by mail, e-mail or communication by mail, e-mail or fax, provided that Turkey Real Estate may send
that Turkey Real Estate may send bills of costs or fees as an attachment by e-mail.
as an attachment by e-mail. The Client and Turkey Real Estate shall
retain all instructions, notices, documents or any other communication as
other communication as evidence. All communications
to Turkey Real Estate shall be addressed to its registered office or to any other
any other address that Turkey Real Estate shall have notified to the Customer in writing at any
in writing at any time, and all communications intended for the Customer
will be sent to its address or to any other address that the Customer
notified to Turkey Real Estate in writing at any time, including
the instruction of poste restante which must be approved in writing.
Since Turkey Real Estate must be able to contact the Customer at any time if necessary, the
contact the Customer in case of need, the Customer commits himself informing
immediately Turquoise.immo if he changes his address, e-mail address or telephone
telephone / fax number.
Protection of the data :
Real Estate Turkey, its administrators, employees or agents, are held to treat the data
to treat the data in a confidential way. In spite of all the
security precautions, the data, including communications by e-mail and communications and personal financial data, can be consulted by unauthorized third parties by unauthorized third parties during their transmission between the Customer and
Turquoise.immo. The Customer undertakes to use software produced by third parties, including, but not limited to, browser software that supports a data security protocol that is compatible with the protocol used by compatible with the protocol used by Turquoise.immo.
Legal Incapacity:
The Client shall bear the risk of any loss resulting from legal incapacity
legal incapacity related to the Client or the Client’s attorneys or other third parties, unless such incapacity has been communicated to Real Estate
Turkey Real Estate in writing.
Liability: without prejudice to any specific provisions, any damage resulting from an error or omission on the part of omission on the part of Turquoise.immo, its directors, employees or agents shall be
agents shall be borne by the Customer, unless Turquoise.immo, its Turquoise.immo, its directors, employees or agents have
committed gross negligence or fraud or any other liability that cannot be excluded
which cannot be excluded under the applicable law.
Real Estate Turkey cannot be held responsible if the Additional Services cannot be implemented. The responsibility of Turkey Real Estate regarding the Additional Services is strictly limited to the selection, instruction and
instruction and supervision of its affiliates or any other third party.
other third parties.
Any damage or loss resulting from the use of telegraph, telex, facsimile, telephone, and other means of communication or transportation,
and particularly loss resulting from delay, misunderstanding,
damage, abuse by third parties or duplication of copies, shall be borne by the copies, are at the expense of the Client, unless Immobilier Real Estate Turkey has committed gross negligence.
Duration, termination and suspension of services:
In generally, any Contract lasts for the period indicated and will then be automatically renewed for successive periods equal to the length of the initial term.
In all other respects, any Contract will be automatically renewed under the same terms and conditions.
Real Estate Turkey or the Customer may terminate any Contract for the term specified therein, or for the end of the term referred to therein, or for the end of any extension or renewal period, by giving at least two months written notice to the other party. Termination shall be without prejudice to any rights or
obligations of a party arising prior to termination or arising in respect of any arising in respect of any act or omission committed prior to termination. The right to immediate termination for cause is reserved.
reserved.
In case of violation by the Customer of the applicable laws or of these General Terms and Conditions of Business, Real Estate Turkey may terminate any
terminate any Contract with immediate effect, including a Contract additional Services provided by companies affiliated to Turkey Real Estate or by third parties.
Turkey Real Estate or by third parties. In such a case, the Client must take all necessary steps to replace any position that has become vacant in any Company
Company as a result of such termination. It is expressly agreed that Turkey Real Estate shall not be held liable for any be liable for any damages as a result of such immediate termination.
Assignment:
In execution of its services, Turquoise.immo reserves the right to engage subcontractors
to engage subcontractors who will be under its authority. The rights and
obligations of the Customer resulting from a Contract can be yielded to
third parties only with the written consent of Turquoise.immo.
Communication :
Real EstateTurkey privileges the communication customer by email and invites strongly invites its customers to use a protected access ” SSL “. The customer must inform Turquoise.immo in case of change or problem of
of email, add the emails Turquoise.immo in its “white list” and check that they do not go in the spams.
The customer must provide to
Turquoise.immo a phone number so that we can reach him in case of emergency or malfunction of the emails. A postal address must also be kept up to date in the customer profile.
Responsibility :
Real Estate Turkey, its partners and its employees are in no way responsible or “guarantor
responsible or “guarantor” of the commercial activities practiced by its through their companies.
Any customer and company must
the laws of the country of registration, the laws of the country in question, the laws
laws of the country in question, the laws of international trade and other laws of the country of registration, the laws of the country in question, the laws of international trade and other applicable laws, as well as the laws of their country of residence.
Each country of residence to verify the feasibility and legality of his activities and the
of their activities and the income they generate.
Taxation, accounting and legal recommendations are not the responsibility of
of Real Estate Turkey. No commercial, tax or accounting advice can be given by
can be delivered by Real Estate Turkey. The responsibility of Real Estate Turkey is limited to put in contact clients with specialists
specialists in the field concerned. It is the responsibility of the Client
to check that the proposed intermediary (non-exhaustive list: company of incorporation of
incorporation company, bank, rental management company, renovation company, etc.) corresponds to the Customer’s expectations. In case of the intermediary, only the Client’s responsibility will be retained in the
responsibility in the choice of the selected intermediary.
Our additional services:
The additional services offered by Real Estate Turkey are limited to an administrative and/or technical intervention. Real Estate Turkey does not provide legal services or advice. Any information
on legislation, taxation and company law in Turkey and/or in France, etc. must be submitted to be verified and confirmed by
by legal specialists. Under the guidance and confirmation of the client,
Real Estate Turkey sets up services of accompaniment in the creation of companies and other services, any order placed by the customer, implies that the order placed by the customer, implies that the latter has verified on his side the legality and
the feasibility of its project.
Case of death of one of the managers and cases of force majeure:
These terms and conditions are applicable with the exception of:
The death or invalidity of one of its leaders, making it impossible for
Turquoise Ltd and/or one of its partner companies and/or subsidiaries impossible to
subsidiaries impossible to administer.
In case of force majeure
such as, but not limited to, acts of war or terrorism, civil
civil and/or military unrest, natural or nuclear disasters, pandemics
natural or nuclear disasters, pandemics, etc.
Changes and Updates:
The agency Turquoise Ltd reserves the right to modify, without notice and at any time
at any time, it is your responsibility to consult these terms and conditions responsibility of each one to consult them regularly.
Applicable law:
All relations between the Customer and Real Estate Turkey are governed by the
law of Turkey, regardless of the rules of private international law.
The place of performance of the obligations of all parties for any legal action are located in Turkey, at the place where Turkey Real Estate Turkey has its registered office.
However, Turkey Real Estate is
also entitled to take legal action against the Customer at the Customer’s place of residence or before Customer or before any other competent court or authority.
Contact :
Raphaël Kroll holds the position of Managing Director of the company L’agence Turquoise Ltd.
Real Estate Turkey – Turquoise.immo – L’agence Turquoise Ltd
Contact@turquoise.immo
www.turquoise.immo
Last update : 1 August 2022
