Terms and conditions

Please read carefully the TERMS & CONDITIONS of Fidem S.A. (Fidem). These Terms and Conditions inform you about the conditions of FIDEM’s services and about your rights and obligations. By using the services of Fidem, you acknowledge having read, understood and accepted these Terms and Conditions without reservation. The French language version of this text shall prevail for any legal interpretation or dispute and is made available on Fidem’s website and on simple request by mail or email.

INTRODUCTION

FIDEM does not grant any credit. It only provides Real Estate Credit Brokering Services with Banking Partners, as described in Article 3. As Mandator, you are required to provide the information and supporting documents necessary to assess your solvency. Even if you provide all the required documents, the Banking Partner remains free to accept or refuse your loan request without having to provide an explanation. If you enter into a loan agreement with a Banking Partner, you will receive the loan amount after the revokation period provided for in the loan agreement has expired.

A home mortgage commits you and must be repaid. Therefore, before committing, check your repayment capacity to avoid any risk of over-indebtedness. Even if the search for a home loan mandated to Fidem results in the absence of any loan offer, you cannot request any compensation from Fidem.

If the Mandate is concluded in a place other than the Fidem agency (for example at your home), you have the right to cancel the Mandate free of charge, within fourteen (14) days from the date of conclusion of the Mandate. You do not have to give a reason, but you must inform Fidem of your decision to cancel the Mandate, within the 14-day time limit: by sending a letter requesting the cancellation of the Mandate to Fidem by post to FIDEM 291, rue de Rollingergrund L-2441 Luxembourg or electronically to info@fidem.lu. FIDEM will send you an acknowledgment of receipt of your cancellation request. If you have not exercised your right to cancel the Mandate, Fidem will begin to provide the Services at the end of the 14-day period. You can ask Fidem to start the Services before the end of the 14-day period. If you accept and then exercise your right to cancel the Mandate, then you will be required to pay Fidem for the Services provided until you have informed it of your decision to cancel the Mandate. The amount to be paid will be proportional to the Services provided, in relation to the amount due for all the Services provided for in the Mandate; and you will not be able to question the Services provided before the cancellation of the Mandate.

Article 1. PURPOSE OF THE MANDATE

The mandate is governed by articles 1984 and following of the Luxembourg Civil Code and by articles L. 226-1 to L. 226-45 of the Luxembourg Consumer Code. You act as Mandator of Fidem and Fidem acts as Agent.

You instruct Fidem to assist and represent you in the search for and in the negotiation of mortgage contracts for non-professional use, with its Banking Partners for any specific property, or any property communicated by the Mandator to the Agent.

Article 2. EXCLUSIVITY

The Mandate comes with exclusivity. This means that you agree not to conclude, in your name or through an intermediary (spouse or cohabitant), a mortgage brokerage contract or mandate with another service provider, during the duration of your contractual relationship with Fidem for any identified property. You also declare that you are not already bound by a mortgage brokerage contract with another service provider on the date of signature of the Mandate. If you fail to respect these exclusivity commitments, you will be required to compensate Fidem for the damage encured. Consequently, if you enter into a mortgage loan agreement through another service provider, this indemnity may not be less than the amount of the total compensation that Fidem would have received from the Banking Partner if you had entered into a similar loan agreement through its intermediary. You also agree not to conclude, during the term of the Mandate and for a period of six (6) months after the end of the Mandate, a mortgage loan contract with a Banking Partner, who would have given you an agreement in principle following a loan application submitted by Fidem on your behalf for any identified property.

Article 3. SERVICES

• Analysis of your mortgage project and your financing needs, estimate of your borrowing capacity (based on the information and documents you provide);
• Information on the mortgage loan contracts available on the market, their characteristics and their effects on your personal situation, explanation of the technical terms of the mortgage loan contracts.
• Analysis of your personal, financial and tax situation, identification of your needs and preferences (based on the information and documents you provide) in order to offer you mortgage loan contracts adapted to your needs and your situation.
• Preparation of your file in order to submit your mortgage loan applications to the Banking Partners.
• Negotiations with Banking Partners in your best interests in order to obtain mortgage loan offers on your behalf.
• Presentation and explanations of mortgage loan offers obtained.
• Connection at your request, with Partners in the real estate sector, or anonymous communication of your preferences to them of the type of property sought.
• Contact with Insurance Partners to obtain insurance proposals covering the balance of the credit remaining due in the event of death and/or disability and home fire insurance.

Article 4. YOUR COMMITMENTS

The Services will begin after the Mandate has been signed and when you have provided Fidem with all the information and supporting documents requested.

This information and supporting documents must be accurate, authentic, up-to-date and complete. You must immediately inform Fidem in writing in the event of any modification to this data or new elements affecting your situation and your real estate project. Any erroneous, inaccurate, incomplete or misleading information from the Mandator may result in the termination of the mandate and the possibility for the Agent to obtain compensation for any damage encured.

The Agent undertakes to communicate any offer requested and/or obtained for any prresented property. He is required to indicate the financial institution, the possible intermediary, the intermediary and the opinion given.

Compensation for non-disclosure may be charged to the Mandator if he has not transmitted one or more relevant information hindering Fidem’s missions and likely to significantly modify the credit application submitted to the banking Partners, in particular the existence of credits, bank accounts or financial litigation(s).

Non-transparency compensation may be charged to the Mandator if the latter has omitted, voluntarily or not, to mention one or more credit applications submitted, directly, by an intermediary (spouse or partner) or via an intermediary, to the banks. in Luxembourg and abroad within the last six months before the date of signature of the mandate, and for any credit application submitted without notification to Fidem from the date of the Mandate for the property(ies) s) defined, and for which the Banking Partner refuses to issue a credit offer following the pre-existence of said request.

These indemnities are calculated at 50% of the commission that would have been due to Fidem following the conclusion of the credit agreement with the Bank Partner in question. These indemnities may be combined with any remuneration due in accordance with Article 5.

Article 5. REMUNERATION

Fidem may be remunerated by Professionals in the banking, real estate and insurance sectors and/or by you.

Fidem receives compensation from the Banking Partner with whom you take out a home loan, under certain conditions. This remuneration corresponds to a percentage of the nominal amount of the mortgage taken out. This percentage may vary depending on the Banking Partner chosen. This percentage may be subject to a maximum remuneration ceiling. The Mandator may request that this information be mentioned at any time during the contractual relationship with the Agent.

Remuneration calculation rule

If the Mandator is a legal person, including in the form of a Société Civile Immobilière (SCI), then the Mandator undertakes to pay Fidem the amount which will be defined in Article 4 of the Mandate in the form of fees and for remuneration of the mission of analysis and advice entrusted and independently of the decision of the Banking Partners and/or the acceptance of the offers proposed to the Mandator.

Fidem will be entitled to invoice the indemnities defined in Article 4 of the Terms and Conditions.

Fidem may not exercise this right and no amount will be due by the Mandator if and only if:

• the sales agreement or reservation contract on the basis of which the Mandator requests a mortgage is terminated without any fault being attributed to the latter ;
• the Mandator has a mortgage loan offer from a banking establishment, prior to and mentioned in the Mandate and currently valid ;
• the Mandator has a valid mortgage loan offer from a banking establishment, the procedure for which after the signing of the Mandate has been duly notified to Fidem or which is more advantageous by 25 basis points and on a duration and fixed rate period greater than or equal to the offers proposed by the Agent, these criteria being considered cumulatively.

If any invoicing to the Mandator, the invoices are payable within fourteen (14) calendar days from the date of the invoice. Invoices that are not disputed within a period of eight (8) calendar days from the date of the invoice will be considered as definitively accepted.

In the event of co-signing of this contract, the co-signers are jointly and severally liable towards Fidem for the payment of the invoices; Fidem reserves the right to claim full payment of the invoice from any of the co-signatories.

If it is impossible to obtain the credit, no remuneration is due by the Mandator to Fidem.

Article 6. DURATION OF THE MANDATE

The Mandate is concluded for an indefinite period of time, taking effect on the date on which the Mandate is signed by all parties. It ends automatically on the date of signature of the notarial deed of acquisition of the identified property.

Article 7. TERMINATION OF THE MANDATE

The Mandate may be terminated by you or us at any time, by sending a registered letter with acknowledgment of receipt to the other party. Regardless of this termination, Fidem reserves its right to invoice the indemnities in accordance with Article 5.

Article 8. RESPONSABILITY

Fidem’s obligations are obligations of means and not of result. Its responsibility cannot be engaged in the event of absence of a loan offer or refusal of a loan by the Banking Partners.

As part of its services, Fidem acts in good faith, based on the information and supporting documents that the Mandator provides.

Fidem cannot be held responsible if the services provided turn out to be unsuitable a posteriori, due to elements, circumstances or events that were not known to Fidem or were not reasonably foreseeable on the date of these services.

Fidem is not liable for consequential damages, including loss of profits or expected savings, even in the event that Fidem would have been aware of the possibility of the occurrence of such damages, and this, even if these damages are the consequence of a fault on the part of Fidem in the execution of the Contract.

Excluding any physical damages, Fidem’s liability, if proven, is limited in all cases to three times the maximum commission that could have been collected by Fidem for the amount of the mortgage that the Mandator have mandated.

You agree to indemnify Fidem for all damages and losses (including legal costs and attorneys’ fees) that the latter may suffer as a result of a breach on your part in the performance of the Contract.

Article 9. CONFIDENTIALITY

All information, of any nature whatsoever, and in any form whatsoever (written or oral) that Fidem collects during the execution of the Mandate, is confidential. This information will only be used and communicated to third parties by Fidem for the proper performance of the Contract.

Article 10. MODIFICATION OF THE TERMS AND CONDITIONS

Fidem may modify the Terms and Conditions at any time to take into account, in particular, legislative or regulatory changes and the practices of credit institutions. You will be informed of any modification of the Terms and Conditions. You are deemed to have accepted the modification of the Terms and Conditions if you do not oppose it by post or electronic mail addressed to Fidem within thirty (30) days from the date on which you were informed in writing of the modification of the Terms and Conditions.

Article 11. INDEPENDENCE OF THE CLAUSES

If one or more of the clauses of the Mandate are inapplicable or declared void pursuant to a law, regulation or following a court decision, the other clauses of the Mandate will retain their binding force and their scope.

Article 12. AMICABLE DISPUTE RESOLUTION

Complaint to Fidem

For any complaint, you are invited to first contact Fidem in writing:

Either by e-mail to: compliance@fidem.lu, or;

Or by registered mail addressed to the head office.

The complaint will be processed within the following timeframes:

• An acknowledgment of receipt will be sent to you within ten (10) working days to certify that your complaint has been received, except in the event of a response before the end of this 10-day period ;
• The final response will be sent to you within two (2) months following receipt of your complaint, provided that it is complete and accompanied by the necessary supporting documents.

Fidem undertakes to keep you informed if special circumstances prevent the proper processing of your complaint and the respect of the deadlines indicated above.

Mediation in the event of a dispute

If you consider that the response provided is unsatisfactory or in the absence of a response within the time limit, you have the option of entering either:

• The Consumer Mediator, competent to resolve disputes between a professional and a consumer amicably (e-mail: info@mediateurconsommation.lu; postal address: 6 rue du Palais de Justice, L-1841 Luxembourg, or completing the form available on the Mediator’s website).
• The Commission de Surveillance du Secteur Financier (CSSF), supervisory authority for mortgage credit intermediaries, by completing the form available on the CSSF website (e-mail: reclamation@cssf.lu; postal address: Legal Department CC , 283 route d’Arlon, L-2991 Luxembourg).

Mediation does not deprive you of the right to subsequently bring an action before a court. No request for mediation can be processed without first filing a complaint with Fidem.

Moreover, the Consumer Mediator and the CSSF cannot be seized, if the request is manifestly unfounded or abusive, if the dispute has previously been examined or is being examined by another mediator or by a court, if the request is made within a period of more than one (1) year from your written complaint to Fidem, if the dispute does not fall within the jurisdiction of the Consumer Mediator or the CSSF.

For more information on these remedies, you can consult the website of the Consumer Mediator (www.mediateurconsommation.lu) and the website of the CSSF (www.cssf.lu).

Article 13. APPLICABLE LAW AND JURISDICTION OF THE COURTS

The Mandate is governed by Luxembourg law.

You can bring a legal action against Fidem according to your choice before the courts of your place of residence or before the place of the registered office of Fidem. Any action brought by Fidem against you must be brought before the courts of your place of residence.

Article 14. PERSONAL DATA PROCESSING POLICY

The data that you communicate to us directly correspond to your identity (first and last name) as well as your contact details (email address and telephone number).

We are likely to create a database containing the personal information that you have communicated to us, in particular when creating your request. You are informed of the collection and processing of your personal information, the creation of our database as well as the processing of your personal information under the conditions and according to the methods set out in the Personal Data Processing Policy available on the site. Fidem website: www.fidem.lu

Last update of the Terms and Conditions: 02/11/2022