Terms and Conditions of Sale

1. Purpose and scope

These Terms and Conditions of Sale ("Terms") govern the contractual relationship between MAPA Synergy Sàrl, trading as MAPA Property (hereafter "MAPA" or "the Agent"), and any client (hereafter "the Client") using its real estate agency and international broking services.

The following services are covered: advice and support for sale, acquisition, rental, off-market access, search mandates, valuation, and related services.

Each engagement is subject to a separate signed mandate, which prevails over these Terms in the event of any conflict.

2. Provider identification

MAPA Synergy Sàrl, a private limited liability company under Luxembourg law.

Registered office: 26, rue du Commerce, L-3450 Dudelange.

RCS Luxembourg B241974. Establishment authorisation: 10108681/0-1-2-3. VAT: LU 31988923.

Representative: Frédéric Mannis, Manager.

3. Definitions

"Client": the individual or legal entity granting a mandate to MAPA.

"Agent": MAPA Synergy Sàrl, acting as real estate agent or broker.

"Buyer" and "Seller": the counterparties to a real estate transaction.

"Property": any real estate property covered by a mandate.

"Off-Market": a property whose marketing is strictly confidential, accessible only under NDA.

"NDA": Non-Disclosure Agreement, a contractual confidentiality undertaking.

"Compromis": preliminary sale agreement, a reciprocal promise to sell and purchase.

"Notarial deed": the notarised deed transferring ownership.

4. Contract formation and consumer 14-day withdrawal

Every engagement begins with a quote or a proposed mandate. Its signature by the Client constitutes full and unconditional acceptance of these Terms and of the specific conditions of the mandate.

For contracts concluded at a distance or off business premises with a consumer, the Client has a period of fourteen (14) calendar days from signature to withdraw, unless the service has already been fully performed with the consumer's express agreement.

5. Agent's obligations

MAPA undertakes to carry out the engagement with diligence, loyalty and in accordance with professional practice. This is an obligation of means, not of result.

MAPA complies with Luxembourg AML/KYC legislation (law of 12 November 2004, as amended) and carries out the required identity and source of funds checks.

MAPA respects the confidentiality of any non-public information communicated by the Client.

6. Client's obligations

The Client undertakes to provide sincere and complete information about the property (title deed, surface areas, charges, known apparent and hidden defects, mortgage status, etc.).

Depending on the type of mandate, the Client observes total or partial exclusivity towards MAPA.

The Client undertakes not to engage in activity competing with MAPA during the term of the mandate (directly introducing buyers identified by MAPA, circumvention, etc.).

7. Fees

Applicable fees are set out in the signed mandate and in the official MAPA Property Fees document available on the site.

Fees are expressed excluding VAT unless stated otherwise; the applicable Luxembourg VAT is 17% as of the date of these Terms.

The fee is due as soon as MAPA Property's involvement has contributed directly or indirectly to the conclusion of the transaction, including where the buyer was introduced by MAPA and the sale concludes after the end of the mandate, within a period of twenty-four (24) months.

Payment terms: on signature of the notarial deed, unless otherwise agreed in writing. Any delay triggers, after formal notice, penalties at the legal rate increased by 5 points, together with a flat-rate indemnity for collection costs.

8. Video Pack

The Video Pack (professional filming, drone footage where relevant, editing) is always offered as an option, by quotation, regardless of the mandate signed. It is never included by default.

If the mandate is withdrawn before signature of the compromis, the costs already incurred for the Video Pack remain due by the Client.

9. Off-Market

Access to off-market properties is conditional on the prior signature of a contractual NDA.

Any disclosure, publication, transmission or use of off-market information outside the framework set by the NDA constitutes gross misconduct and engages the civil and criminal liability of the offending party.

MAPA reserves the right to claim flat-rate damages, without prejudice to the damage actually suffered.

10. Search mandate

The search mandate is exclusive.

The fee is due where a property matching the agreed criteria is identified, and a transaction concludes on that property within twenty-four (24) months of its identification.

Every search engagement carries a fee advance, payable on signature of the mandate. It is set at 250 euros excluding tax for Luxembourg, a minimum of 500 euros excluding tax for neighbouring regions within 100 kilometres, and by quotation for other countries depending on the travel required.

This advance is fully deducted from the fees due if the transaction concludes with MAPA Property. It remains retained by MAPA Property if the Client withdraws from the project.

11. Confidentiality

The parties mutually undertake to keep strictly confidential all information exchanged in the course of the engagement.

This confidentiality obligation remains in force for five (5) years from the end of the contractual relationship.

12. Intellectual property

Descriptions, photographs, videos, plans and all materials created or funded by MAPA in the course of the engagement remain the exclusive property of MAPA.

The Client undertakes not to reuse these materials outside the scope of the mandate, nor to transmit them to third parties without prior written authorisation.

13. Liability

MAPA's liability is limited to direct and foreseeable damages resulting from proven fault. Indirect damages (loss of chance, commercial harm, loss of opportunity) are expressly excluded.

MAPA's annual liability cap is limited to the total amount of fees actually received from the Client during the twelve (12) months preceding the triggering event, unless mandatory legal provisions state otherwise.

14. Force majeure

Neither party may be held liable for a failure resulting from a case of force majeure, understood broadly: natural disaster, armed conflict, pandemic, widespread telecommunications failure, unforeseen administrative decision, etc.

15. AML / KYC

MAPA is bound by the law of 12 November 2004 (as amended) to strict vigilance and reporting obligations.

MAPA reserves the right to refuse, suspend or terminate any service if the Client fails to provide the required documents (proof of identity, proof of address, source of funds, ultimate beneficial ownership structure).

16. Personal data

The processing of personal data is governed by our GDPR Policy available on the site, in accordance with Regulation (EU) 2016/679 and the Luxembourg law of 1 August 2018.

17. Right of withdrawal

For contracts concluded at a distance or off business premises with a consumer, the Client has a period of fourteen (14) calendar days to withdraw, without having to state a reason.

Withdrawal is exercised by written notice to the registered office address or by email to j.brebion@mapagroup.org.

If the Client has expressly requested immediate performance of the service and it has been fully carried out before the end of the period, the right of withdrawal lapses.

18. Claims and mediation

Any complaint must be addressed in writing to MAPA, which undertakes to respond within a reasonable time.

Failing an amicable resolution, the consumer Client may refer the matter to the Luxembourg consumer mediator (https://meco.lu) before any court action.

19. Assignment

Neither party may assign its rights or obligations to a third party without the other's prior written consent, except for assignment to an entity of the same group.

20. Amendment of these Terms

MAPA reserves the right to amend these Terms. Any substantial amendment will be notified to the Client thirty (30) days before it takes effect. The Client may object to the amendment within that period; failing that, acceptance will be deemed acquired.

21. Applicable law

These Terms are exclusively governed by Luxembourg law.

22. Jurisdiction

Any dispute shall fall within the exclusive jurisdiction of the courts of Luxembourg-City, subject to any mandatory provisions to the contrary in favour of a consumer residing in the European Union.

23. Severability

Should one or more provisions of these Terms be held void, unlawful or unenforceable, the remaining provisions shall remain in force.

24. Anti-scraping

Any automated extraction of site data, in particular property descriptions, photographs and prices, is strictly prohibited and constitutes a violation of the sui generis right of the database producer (law of 18 April 2001) and an attack on automated data processing systems (article 509-1 of the Luxembourg Criminal Code).

Any infringement will be subject to civil and criminal proceedings.