1. Scope
1.1 These General Terms and Conditions (hereinafter "GTC") govern the relationship between
CREATIO Development AG, Seeweg 29, 8807 Freienbach, Switzerland (hereinafter "CREATIO")
and natural and legal persons who contact CREATIO via the website www.creatio.ch, by email, telephone or by any other means (hereinafter the "Customer").
1.2 The version of the GTC in force at the time of contact shall apply. Deviating or supplementary terms of the Customer shall only apply if expressly acknowledged by CREATIO in writing.
1.3 In the case of a concrete property purchase, the respective publicly notarised purchase agreement shall additionally apply; its provisions shall prevail over these GTC in the event of a conflict.
2. CREATIO's services
2.1 CREATIO is a Swiss property developer based in Freienbach. Its focus is the acquisition of properties (land and/or buildings) in the Lake Zurich and Eastern Switzerland regions for its own project development (renovation, replacement construction, densification).
2.2 At the request of the Customer — in particular via the contact form on www.creatio.ch — CREATIO reviews the offered property and prepares a non-binding, free-of-charge purchase offer. The preparation of the offer does not create any obligation for either party to enter into a contract.
2.3 All projects, references and figures described on the website serve informational purposes. They do not constitute a legally binding offer.
2.4 These GTC exclusively govern the initial contact for the acquisition of properties by CREATIO. For tenancies in properties owned by CREATIO (see www.creatio.ch/mieten), the terms agreed in the respective rental agreement and the mandatory provisions of Swiss tenancy law (Art. 253 ff. CO) apply exclusively; these GTC do not apply there.
3. Initial contact and offer procedure
3.1 The Customer may submit information about their property via the multi-step form on www.creatio.ch or by other means. The minimum required information is: the property address and the name and contact details of the enquiring person.
3.2 CREATIO will contact the Customer within a reasonable time — as a rule within {{2 working days}} — clarify any further details and either submit a non-binding purchase offer or a reasoned rejection.
3.3 CREATIO reserves the right to decline to submit an offer without stating reasons, in particular if the property lies outside CREATIO's geographic or qualitative focus.
4. Formation of a contract
4.1 A legally binding purchase agreement between the Customer and CREATIO regarding a property is formed exclusively by public notarisation before a certifying officer (Art. 216 CO).
4.2 All pre-contractual agreements — in particular CREATIO's written purchase offer, letters of intent and email confirmations — do not constitute an obligation to conclude the purchase agreement.
4.3 Ancillary agreements to the purchase agreement require public notarisation for their validity as well.
5. Payment terms
5.1 The amount of the purchase price, its due date and the modalities of payment shall be set out in the publicly notarised purchase agreement.
5.2 Ancillary costs (notarial fees, land-register and transfer fees) shall be specifically allocated between the parties in the purchase agreement. Unless otherwise agreed, the cantonally customary cost allocation applies.
5.3 The Customer incurs no costs for CREATIO's preparation of a purchase offer.
6. Confidentiality
6.1 CREATIO treats all information received in the context of offer preparation and any contract execution as confidential and passes it on to involved professionals (notary, bank, tax advice, technical experts) only insofar as necessary for the execution of the process or where required by law.
6.2 The Customer for their part undertakes to treat CREATIO's purchase offer and the underlying calculation bases as confidential vis-à-vis third parties, in particular not to pass them on to competing purchasers.
6.3 CREATIO's written purchase offer is intended as the basis for the individual negotiation with the Customer. The Customer may neither show the offer to third parties nor use the calculation bases determined by CREATIO (valuation methodology, calculation details, reference properties) to obtain or optimise a competing offer from third parties. A breach entitles CREATIO to withdraw the offer with immediate effect.
6.4 The duty of confidentiality continues without any time limit, even if no contract is concluded.
7. Data protection
The processing of personal data is governed by the Privacy Policy, which forms an integral part of these GTC.
8. Liability
8.1 CREATIO is liable for damage resulting from slight negligence of its auxiliary persons or from a simple breach of contract only up to the amount of the agreed purchase price of the respective property.
8.2 For indirect damage and consequential damage — in particular lost profits, lost use, reputational damage — CREATIO is liable only in cases of intent or gross negligence.
8.3 The limitation of liability does not apply to personal injury nor in other cases in which a limitation of liability is not permitted under mandatory Swiss law.
8.4 CREATIO is not liable for the availability, error-free operation or accuracy of the content of the www.creatio.ch website. Links to third-party websites are provided without content review.
9. Force majeure
9.1 Force majeure events (e.g. official orders, pandemics, natural events, strikes, prolonged failures of telecommunications or energy infrastructure) that prevent a party from timely fulfilment of its obligations shall not constitute a breach of contract.
9.2 The affected party shall inform the other party without delay of the event and its expected duration. If the impediment lasts more than {{60 days}}, both parties shall be entitled to withdraw from the contract without any claims arising therefrom.
10. Severability
Should any provision of these GTC be or become invalid or unenforceable in whole or in part, the remaining provisions shall remain unaffected. The parties undertake to replace the invalid provision with a valid one that comes as close as possible to the economic purpose of the omitted provision.
11. Applicable law and place of jurisdiction
11.1 These GTC and all legal relationships arising from them shall be governed exclusively by Swiss law, excluding conflict-of-laws rules and the UN Convention on Contracts for the International Sale of Goods (CISG).
11.2 The exclusive place of jurisdiction for all disputes arising from or in connection with these GTC is {{registered office of CREATIO AG, e.g. Zurich}}. CREATIO reserves the right to sue the Customer at their general place of jurisdiction.
11.3 Mandatory places of jurisdiction under the Swiss Code of Civil Procedure (in particular the consumer jurisdiction under Art. 32 CCP) remain reserved.
12. Changes to the GTC
CREATIO reserves the right to adapt these GTC at any time. The version published on www.creatio.ch at the time of the Customer's initial contact shall apply. For contracts already concluded, the version in force at the time of contract formation shall apply.
Last updated: {{DD.MM.YYYY}}