Âmbito do contrato:

Scope of the agreement:

These conditions apply to the products/services of the CLIKALIA GROUP, identified in the CLIKALIA Legal Notice (hereinafter ‘CLIKALIA’), being directed to a target audience over 18 years old. 

General and subject matter of the agreement:

The address https://clikalia.pt corresponds to the website of the companies that make up GRUPO CLIKALIA with headquarters at Rua Mouzinho da Silveira n.º 10, 8º andar, in Lisbon. Please carefully read the terms and conditions of the site to inform yourself of the rights and obligations of the user of the service offered through this medium. The validity of these terms and conditions will be recognised as binding on the user at the moment he/she decides to make use of the service.

These general conditions of use (hereinafter "Terms and Conditions") apply when using the services of our website. The use of our services implies acceptance of these Terms and Conditions. CLIKALIA reserves the right to modify these Terms and Conditions at any time without informing you of the reason. 

"Sell your home"/online valuation:

On the website, it is possible for the user to enter information about the property in the valuation form to obtain an online valuation. The online valuation is free of charge and is aimed at sending information about the purchase price of the property.
The result of the online assessment (indicative only), will be communicated to the user of the service. Notification will be made by phone and/or via e-mail indicating the assessment interval. If the client accepts the estimated price range, a date and venue will be set for a visit and inspection of the property by a member of our specialist team (hereinafter "Representatives").
The online valuation does not constitute an offer to buy or sell binding on either party. Once the report is prepared by CLIKALIA, the user of the service will be notified, by phone and/or electronically, of the final or definitive valuation of the property.
The service user has 48 hours to accept the offer. To confirm the willingness to contract the service, acceptance must be sent by e-mail to the address given by the representatives at the time of notification.
Once the offer is accepted, the user and CLIKALIA have a period of three working days to sign the preliminary sale agreement. The value of the deposit to be included in the preliminary sale agreement will be 5% of the total price, unless otherwise agreed.
If the period of three working days mentioned in the preceding paragraph has elapsed and the preliminary agreement has not been signed, CLIKALIA may cancel the offer without any penalty or compensation to the counterparty.
The sale process will be concluded with the completion of the deed/authenticated private document.

“Buy a house"/offers for the user:

General Considerations

Through the website, the user may submit offers for properties made available by the CLIKALIA group in the "Buy" section. Offers will be reviewed by CLIKALIA within 72 hours. CLIKALIA is under no obligation to accept the offer submitted by the user.

Regardless of the amount of the user’s offer (whether equal to, lower, or higher than the published price), it will not be binding or obligatory for CLIKALIA until the proposer is expressly notified of its acceptance.

To submit an offer, the user must first accept the specific service conditions and the particular terms, which shall fully apply in conjunction with these general terms and conditions.

The entire legal process of property sales is conducted offline. The prices displayed at the bottom of each property photo are not final sale prices but are indicative of CLIKALIA’s internal valuation and do not bind it in the sale.

This amount does not include notarial fees, taxes, charges, or payments to third parties. The user accepts, understands, and acknowledges that such payments or expenses may be required if agreed upon between the parties or mandated by applicable law.

Once CLIKALIA has communicated acceptance of the offer, the user must sign the preliminary purchase and sale agreement with CLIKALIA in accordance with these terms and conditions.

By accepting these terms and conditions, the user acknowledges and understands that if actions are necessary to execute the contract regarding the fulfillment of their obligations, CLIKALIA may, as the case, take the necessary steps and invoice the other party and/or the user for the corresponding costs, which are legally required.

Specific Conditions for Making a Property Purchase Offer to CLIKALIA

By submitting an offer, it will be governed by the following specific conditions, which the user accepts and which will apply to the service:

• Proceed with the signing and submission of a purchase offer for the price you deem appropriate and for the property whose address appears in the project listing.

• Submission of the purchase offer is subject to a payment of one thousand euros (€1,000) via credit/debit card.

Please note that CLIKALIA is not obliged to accept the offer. CLIKALIA will have a period of 72 hours to review and evaluate the purchase offer and, if it is not accepted, will refund the amount paid.

• If CLIKALIA accepts your offer, a representative will contact you to formalize the preliminary purchase and sale agreement, under which the Buyer will be required to pay a portion of the price as a deposit. The preliminary purchase and sale agreement must be signed, with the accepted price, within a maximum of 72 hours from the notification of the offer’s acceptance. If the contract is not signed within this period due solely to the Buyer’s fault, the €1,000 reservation fee will be considered an operation management expense. In case of a refund, the amount corresponding to bank fees will be deducted from the reservation fee.

• In the event that the contract is not formalized due to reasons attributable to CLIKALIA, the amount paid as a reservation fee will be refunded.*

*In the case of a refund of the reservation amount, the corresponding bank fees will be deducted. This amount will be €15.25 for domestic transfers and €32.75 for international transfers.

The entire process regarding the preliminary purchase and sale agreement and/or the Deed of Sale will be conducted offline.

The preliminary purchase and sale agreement will always be formalized in accordance with the following essential conditions:

• The selling party sells the property to the buying party, free of persons and belongings, except for the appliances and furniture present in the property.

•  The property is sold in the state of use and maintenance in which it is found at the date of completion of the renovation works and in the legal condition in which it exists, which the Buyer acknowledges and accepts. 

• Until the date of execution of the final deed, all taxes, fees, and contributions related to the property, as well as the ordinary and extraordinary condominium fees due up to the date of execution of the Final Deed of Sale, shall be fully paid or properly secured, in accordance with applicable law (if applicable);

• At the time of execution of the Final Deed of Sale, the selling party shall provide the buying party with the statement issued by the respective Condominium Administration, in accordance with and for the purposes of Article 1424 of the Civil Code. If, for any reason, it is not possible to obtain this statement, the buying party shall release the selling party from this obligation, with the selling party assuming in the deed the responsibility to pay any outstanding condominium fees legally attributable to the property up to the date of execution of the final deed, duly justified.

The Final Deed of Sale will be executed within a maximum period of forty-five (45) calendar days if the Buyer requires financing, and fifteen (15) calendar days if the purchase is made entirely with the Buyer’s own funds. The period is counted from the date of signing the preliminary purchase and sale agreement. The Buyer must indicate, prior to signing the preliminary agreement, whether or not bank financing is required.

◦ These deadlines may be extended if the property is not registered in the name of the selling entity or if the renovation works are not yet completed.

• The deposit amount will be 10% of the agreed price. The deposit, together with the reservation fee (previously indicated as one thousand euros), will be considered part of the purchase price.

• All expenses and taxes arising from the preliminary purchase and sale agreement and the execution of the Final Deed of Sale will be borne by the buying party, in accordance with common practice in Portugal.

• The Buyer must inform the Seller whether they intend to purchase the property using financing. If no indication is provided, it will be understood that the Buyer will not use bank financing.

• The preliminary purchase and sale agreement will be governed by the provisions of Articles 410 et seq., 441, and 830 of the Civil Code.

• The amount paid as a deposit and reservation fee will be considered a down payment and, therefore, will be deducted from the amount payable by the Buyer to the Seller at the execution of the final deed.

• In the event that the preliminary purchase and sale agreement is not formalized due to reasons attributable to CLIKALIA, the amount paid will be refunded in the conditions indicated above.

• The specific conditions of the offer described above may be modified in the case of promotions or specific offers made by CLIKALIA, which, in such cases, will be governed by their specific terms to the extent they contradict the previous conditions.

• If the Buyer does not require financing, they may also choose to proceed directly to the deed. The Final Deed of Sale will be executed within fifteen (15) calendar days from the acceptance of the offer.

◦ This period may be extended if the property is not registered in the name of the selling party or if the renovation works are still pending completion.

• Any expenses or bank fees arising from the payment of the purchase price shall be borne by the buying party, regardless of the bank charging such fees or requiring the payment, including fees for transfers made from a foreign country or other similar charges. If such fees are charged to the selling party, the amount must be paid by the Buyer at the time of the transfer, the signing of the contract, or the execution of the public deed of sale, and such payment is essential for the Seller.

• The preliminary purchase and sale agreement will be governed in accordance with Portuguese law.

Prevention of Money Laundering and Terrorist Financing

In the context of executing the public deed of sale, the Buyer must provide the Seller, at least 48 hours prior to the date of signing the preliminary purchase and sale agreement, with all the information and documentation required and requested, truthfully and completely, so that the Seller can comply with its obligations under Law No. 83/2017 of August 18, IMPIC Regulation No. 603/2021, and other regulations governing the prevention of money laundering and terrorist financing. The Buyer expressly authorizes the Seller to carry out any verifications it deems appropriate for this purpose.

The failure of the Selling Company to obtain the information and documentation required under its internal policies to comply with the law shall be sufficient grounds for it not to proceed with the formalization of the preliminary purchase and sale agreement, without this creating any liability for the Seller. In such a case, the Buyer authorizes the Seller to retain the amount of €1,000 (one thousand euros) paid as a reservation fee.

For more information about the process described here regarding the sale of any of our properties, you may send an email to ola@clikalia.com, and we will contact you as soon as possible.

Right of use:

The user has the right to view the personalised data from the screen itself, as well as to print it. However, this data may not be used for commercial purposes, for the creation of a database or for industrial use.
Measures aimed at interrupting or hindering the operation of https://clikalia.pt are prohibited. Furthermore, without written authorisation, it is not possible to extract or re-use our offer. Data collection and extraction programmes may not be used without permission. Integration or linking to our service is not permitted without express consent. The right to use the service and its functions depends on the technological capabilities available at the time. 
The user grants CLIKALIA, free of charge, the unlimited right to reuse online and offline the content that has been transmitted to CLIKALIA, as well as the data of their property and the photographs taken and related to its valuation.
The presentation and functioning of the service may vary depending on the type of access, e.g. via internet or mobile applications.

Guarantee:

CLIKALIA does not offer any guarantee for technical errors, in particular the constant and uninterrupted availability of the site or the correct reproduction of the content entered by the user.
In case of unavailability of the site, you can contact our Customer Service via email: ola@clikalia.com.
 

Security:

CLIKALIA informs the user that the site uses information security techniques accepted in the industry, such as firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorised access to the data.
The user/client accepts that CLIKALIA obtains the data for the respective access control authentication.

Limitation of liability:

It is not possible to guarantee that the service offered will always be available and free of errors. Access to https://clikalia.pt/ may occasionally be interrupted or restricted due to the performance of maintenance tasks or the introduction of new services and functionalities. CLIKALIA will try to limit the frequency and duration of the interruption.
Consequently, the use of online content is at the user's own risk. In the course of using our website and services, CLIKALIA will be liable in an unlimited manner for damages caused intentionally or by gross negligence by CLIKALIA or through its legal representatives and employees.

Data protection:

The protection of personal data and site user privacy is a key issue for the CLIKALIA group. Therefore, we guarantee compliance with the legal requirements required by current data protection regulations. For more information, please see CLIKALIA's Privacy Policy.
The personal information collected is that which is necessary for the provision of the service. This includes, for example, an e-mail address, telephone number, the property details. The user must enter the data via our online form.
Electronic communications for the purpose of self-promotion of the service and not related to the linked notifications expressly requested by the user will be sent with the prior consent of the user by clicking on the corresponding box.
You can unsubscribe your email address and phone number at any time without incurring additional charges for applicable fees. To do so, you can send an e-mail to the address ola@clikalia.com with the word "cancel".

Intellectual and Industrial Property:

All trademarks, logos, texts, images and other data on the site are subject to copyright. By using the site, the user is not entitled to use this information. The modification, processing and use of this information on social or commercial communication platforms is completely prohibited. Other use is only possible with CLIKALIA's prior written consent.
The unauthorised use of information as well as logos or trademarks of third parties appearing on our website violates our rights or the rights of third parties and is furthermore not permitted.

Legal Invalidity:

If any provision of these Terms and Conditions is declared illegal, invalid or ineffective, the validity and effectiveness of the remaining provisions shall not be affected. This provision may be replaced by valid and effective provisions that are as suitable as possible for the intended economic purpose.

Applicable law and jurisdiction
The entities of the CLIKALIA group shall have recourse to the appropriate legal channels in the event of improper use of the web domain. For any dispute or issue arising from the use of the website or with the activity indicated on it, the Courts of the District of Lisbon will be competent, with express renunciation of any other.

The user accepts and acknowledges that they have read and understood the terms and conditions defined above.