Terms of service
These Terms of Service ("Terms") govern the relationship between EIRES Real Estate S.à r.l. and any natural or legal person ("the Client") requesting its services via eires.lu, by phone, email or in person. Any request, order or signed mandate entails full acceptance of the present Terms.
Article 1 — Provider identification
EIRES Real Estate S.à r.l., a Luxembourg private limited liability company, registered office 44, Rue de Hunsdorf — L-7324 Mullendorf, RCS Luxembourg B237302, intra-EU VAT LU31482128, represented by its manager Michael Eires. Real estate agent activity carried out under establishment authorisation no. 10107455 / 1 issued by the Ministry of the Economy of the Grand Duchy of Luxembourg. Contact: [email protected] — +352 28 13 83-1.
Article 2 — Object and scope
These Terms define the conditions under which EIRES Real Estate provides real estate intermediation services: valuation, advisory, search, negotiation, presentation for the signature of a preliminary sales agreement and notarial follow-through. They apply to any ancillary service (viewing, photo coverage, portal distribution, introduction to financial, legal or technical partners). Specific terms set out in a signed mandate prevail over these Terms in case of conflict.
Article 3 — Description of services
EIRES offers: (i) a free online valuation via the eires.lu form; (ii) an on-site valuation by an advisor, complimentary if a mandate is signed at the end of the meeting, otherwise billed on prior quotation; (iii) a sale mandate, simple or exclusive, formalising the brokerage mission and the fees; (iv) a search mandate for buyers; (v) transactional support until the notarised signature. Digital services (property alerts, Property Matcher, VIP area) are described on eires.lu and may evolve.
Article 4 — Fees and payment terms
Brokerage fees are freely agreed between the parties and exclusively set out in the signed mandate. As a reference, the EIRES standard schedule is 3% (excl. VAT) of the sale price, excluding premium campaigns. Fees are due only upon effective completion of the sale (signature of the notarised transfer of ownership), unless otherwise expressly agreed by the Client. Payment is made by bank transfer at the latest at signing, generally through the notary's escrow. EIRES is subject to Luxembourg VAT (17% standard rate applicable to real estate services). Any invoice unpaid at maturity bears, after formal notice that remains without effect for 15 days, interest at the increased legal rate.
Article 5 — Duration, renewal and termination
The sale mandate is entered into for a fixed term specified in the contract (typically 3 months for a simple mandate, 6 months for an exclusive mandate), tacitly renewable for equivalent periods unless terminated by registered letter with acknowledgement of receipt sent 15 days before maturity. In line with the law of 2 September 2011 and professional usage, the exclusive mandate may be terminated at any time after an initial three-month period, by registered letter and with 15 days' notice. Abusive termination of an exclusive mandate in force, or a transaction completed in violation of an exclusivity clause, may give rise to a contractually agreed indemnity.
Article 6 — Consumer right of withdrawal
Where the mandate is concluded off-premises (e.g. at the Client's home) or at a distance (electronic signature), the consumer Client has, in accordance with articles L.222-9 et seq. of the Luxembourg Consumer Code, a 14 calendar days withdrawal period from signing, without justification or penalty. The Client may exercise the right by notifying the decision to [email protected] or by registered mail to the registered office. If, at the Client's express request, performance of the mandate has begun during the 14-day period, the Client pays an amount proportionate to what has been provided up to withdrawal.
Article 7 — Obligations of the parties
EIRES Real Estate undertakes to carry out its mission with diligence, loyalty and in accordance with the ethical rules of the Fédération Immobilière du Luxembourg (FIL), of which it is an Approved Member. It performs its reinforced best-efforts obligation and regularly reports to the Client on progress (viewings, feedback, offers). The Client undertakes to provide accurate and complete information on the property or the request, to grant access to the property at agreed times, to report any significant change (occupation, litigation, easements), and not to bypass EIRES with a buyer or seller introduced during the mandate term and for 12 months following its termination.
Article 8 — Anti-money laundering (AML/CTF)
As a regulated obliged entity within the meaning of the amended law of 12 November 2004, EIRES Real Estate is required to apply due diligence measures: identification of the principal and beneficial owner, verification of the source of funds, retention of records for 5 years after the end of the business relationship. The Client undertakes to cooperate by providing any required document (ID, proof of address, bank statement, RBE extract). Failing this, EIRES reserves the right to refuse or interrupt the service, without indemnity.
Article 9 — Liability and insurance
EIRES Real Estate holds a professional indemnity and operating liability insurance policy with Foyer Assurances S.A. (policy no. 20519345), covering activity throughout the Grand Duchy of Luxembourg. EIRES's liability may only be engaged on the basis of proven fault in the performance of its brokerage mission, excluding any indirect or non-consecutive intangible damage (loss of opportunity, theoretical lost profit). EIRES does not guarantee the solvency of the buyer, nor hidden defects of the property, nor the evolution of the market or taxation after the deed.
Article 10 — Personal data protection
The processing of personal data collected under these Terms is governed by EIRES Real Estate's Privacy policy, accessible from every page of the site. The Client benefits from the rights of access, rectification, erasure, restriction, portability and objection provided for in articles 15 to 22 GDPR, which can be exercised via /en/privacy/my-data or at [email protected].
Article 11 — Intellectual property
Visuals, photographs, descriptions, plans, videos, editorial content and documents produced by EIRES Real Estate as part of its services remain its exclusive intellectual property. The Client receives a non-exclusive right of use limited to the transaction covered by the mandate. Any reuse, distribution or transfer to a competing third party is prohibited without prior written authorisation.
Article 12 — Force majeure
Neither party may be held liable for a breach resulting from force majeure within the meaning of Luxembourg case law (external, unforeseeable and irresistible event). Including in particular: natural disasters, pandemics, blocking administrative decisions, major failures of telecommunications or energy infrastructure. Performance is suspended for the duration of the event; beyond 60 days, either party may terminate the mandate as of right, without indemnity.
Article 13 — Complaints and mediation
Any complaint must be addressed in writing to [email protected]. EIRES will acknowledge receipt within 5 business days and provide a reasoned response within 30 days. Failing amicable resolution, the consumer Client may submit the matter free of charge to the National Consumer Mediation Service (mediateurconsommation.lu) or to the European online platform (consumer-redress.ec.europa.eu).
Article 14 — Applicable law and jurisdiction
These Terms are governed by Luxembourg law. Any dispute relating to their formation, performance or interpretation, failing amicable resolution or mediation, falls within the exclusive jurisdiction of the courts of the district of Luxembourg, without prejudice to mandatory consumer-protection provisions.
Article 15 — Changes
EIRES Real Estate reserves the right to amend these Terms to reflect any legal, regulatory or operational change. The applicable version is the one in force at the date of signature of the mandate or provision of the service. The most recent version is published at eires.lu/en/terms with the update date.