| 1. | Scope of application, changes to terms of use | ||||
| 1.1. | Vogel Business Media GmbH & Co.KG (hereafter called “Vogel”), Max-Planck-Str. 7/9, 97082 Würzburg, represented by general partner Vogel Business Media Verwaltungs GmbH, which is represented by managing director Stefan Rühling, maintains a virtual market place (hereafter called “MM Börse”),using the Internet, for investments goods with various services where supply and demand are brought together. Acceptance and execution of all orders, in particular the placement of offers with Vogel and the processing of enquiries, shall be undertaken exclusively upon the following terms and conditions. By making placement orders or enquiries with Vogel, the customer is deemed to have agreed to these terms and conditions in a legally binding manner for all business transactions with Vogel for so long as these terms and conditions are not superseded by new terms and conditions. The GTC shall also be applicable if the MM Börse website or portions thereof are accessed in whole or in part from other websites. There may also be additional terms and conditions for certain services, which shall be specifically pointed out before registration for this service. By using the MM Börse database online the customer or user accepts the prevailing terms and conditions.
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| 1.2. | Vogel reserves the right to change the terms of use with an appropriate period of notice. The customer/user shall be informed of changes by e-mail or when they log in. The customer is deemed to have agreed if they do not object within four weeks. Vogel shall point this out to the customer/user again in the notification. Any differences require a specific agreement. | ||||
2. |
Services by Vogel |
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| 2.1. | Within the scope of the services described, Vogel shall present Internet content on the MM Börse database online via the Internet on the basis of the data transmitted to it. Excepted from this shall be such times as when the server is temporarily unavailable due to faults outside Vogel’s sphere of influence (force majeure, intentional acts by third parties etc.), or due to maintenance or technical problems. Vogel does not assume any warranty for the topicality, completeness, availability, legality and correctness of the data nor any liability with respect to its use. Errors and prior sales excepted. Vogel does not verify the identity of suppliers or potential buyers. | ||||
| 2.2. | A person placing advertisements (customer) is entitled to present other companies or their products and services on the MM Börse insofar as their activities do not run counter to the interests of Vogel. Vogel reserves the right to prohibit the use of technologies by the customer that could place too great a burden on the server. | ||||
| 2.3 | The customer undertakes the placing of the advertisement himself. For this purpose he shall receive a password from Vogel which he/she undertakes to keep confidential. The transmission of access data for the confirmation of registration, including the associated passwords, is carried out exclusively by unencrypted e-mail to the advertiser. | ||||
3. |
Services by the customer (booking advertisements) |
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| 3.1. | For the services agreed with Vogel, the customer shall pay prices according to the current price list. All of the prices quoted by Vogel are net of VAT unless expressly noted otherwise. Vogel shall invoice for its services directly. All amounts are due upon receipt of the invoice. | ||||
| 3.2. | The customer undertakes to compile the information to be transmitted to Vogel regarding the offer with care (free from defective coding such as viruses, Trojans etc.), which according to its type, nature, size or number is not used to damage or block the operation of the computer centre or the data network of Vogel or computers of other third parties and to comply with the legal provisions in force in terms of its content and to refrain from including anything that is morally objectionable. The customer further covenants to comply with the requirements of the law with respect to data protection and to hold Vogel harmless against any claims of third parties arising from a breach of this obligation and to indemnify Vogel for all further damages arising from any such breach of obligation. | ||||
| 3.3. | The customer covenants not to present any content which is factually incorrect, and in particular which is seditious, which glorifies violence or which is pornographic in content. Vogel therefore reserves the right to refuse to present the content or to modify or completely delete the same without prior notice. | ||||
| 3.4 | All information, company logos, texts, programs and images are subject to copyright. Insofar as no other rights of ownership exist, they are the property of Vogel. Subsequent processing and use in media of all kinds is permitted only with the prior written consent of Vogel. Insofar as Vogel makes programs available to the customer for implementing the agreement, such programs may only be used to implement the agreement concluded in that individual case. The customer receives only a non-exclusive right of use for the duration of the agreement. | ||||
| 3.5. | The customer is made aware that in the case of content which has a different company name or company logo, which originates from this company and not from Vogel, Vogel is only granting access to this content. Vogel is not responsible for and does not endorse this content. Insofar as the user believes that his rights are impinged upon by such content, he has the opportunity of informing Vogel of this at info@used-machines.com. If after that there is founded suspicion of a rights violation, Vogel shall block the content and ask for comments from the originator. The user shall not misuse this right. | ||||
| 3.6. | The customer shall not pass on his password and his account to third parties and shall protect them from access by third parties. | ||||
4. |
Registration, cancellation |
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| 4.1. | The customer/user covenants on registration to give only truthful details and to keep these details up to date. The user can update these details himself in his MM Börse account. The customer/user is advised that in the explanations of legal transactions within the scope of this agreement communications may also be sent by e-mail, which is why he must keep his e-mail address in particular up to date. | ||||
| 4.2. | Registration is confirmed to the customer/user of Vogel in an e-mail sent to the e-mail address he has given, whereby the usage agreement comes into force. The customer/user can cancel this usage agreement within two weeks of receipt of the confirmation e-mail without stating any reasons by e-mail to info@used-machines.com. Sending the e-mail in good time suffices to meet the deadline. The right to cancellation expires in accordance with Section 312d (3) German Civil Code (BGB), if Vogel begins providing the service with the specific permission of the user before the expiry of the cancellation period. This is the case if the customer/user activates his account using the link made available to him in the confirmation e-mail before the expiry of the two-week cancellation period. However the user is entitled to cancel the usage agreement at any time anyway (see Clause 9). | ||||
| 4.3. | If Vogel receives a cancellation, the customer/user does not have to do anything more, Vogel will confirm the cancellation by e-mail, block the account in question and block or delete the data disclosed by the customer/user. This also applies to the publications placed by the customer (bookings of advertisements) on MM Börse. |
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5. |
Registration framework |
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| 5.1. | On registration, an MM Börse account is set up for the user, for which he can activate the user name and password given in the confirmation e-mail (this is called log-in). In his MM Börse account the customer/user can view and change his registration data. In addition the content he has generated through bookings and the services for which he has registered are displayed. He can also view, print out or download the GTC he accepted or declarations of consent he delivered. | ||||
| 5.2 | With the activation of the MM Börse account, the services ordered as part of the registration are also activated. It is possible to also register for other services offered by MM Börse in the future using the log-in data. Insofar as there are additional conditions for the registration, the customer/user will be specifically informed of this before registration. He can then decide whether or not to register for this service. The registered user also receives the newsletter as a registration service – he can cancel this service at any time at info@used-machines.com. | ||||
| 5.3 | The access does not give the user any claim to specific content and services, but only the opportunity to register for the services offered. This also applies to the presentation of bookings and the statistics in the user account. Registration is necessary for people booking advertisements (customers), because important functions (e.g. billing) are activated using this link. Vogel is authorised to change services for which the user is registered within reasonable limits, when this means a development of the service or is technically necessary (e.g. in order to increase the availability of the service) or legally required. The presentations and statistics are not excepted from this. |
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| 5.4 | Vogel guarantees availability of the Internet pages and thus the services for 95% of the month. Not included in this time are the interruptions necessary for the maintenance of the system to an appropriate extent and interruptions due to force majeure or unpreventable causes. The availability is seen as the ratio of actual time (AT) to target time (TT). The availability (in %) is accordingly calculated as follows: AT/TT * 100. |
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6. |
Responsibilities of users |
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| 6.1. | The user shall not pass on his password and his account to third parties and shall protect them from access by third parties. The user is liable for improper use of his account for which he is responsible. | ||||
| 6.2. | The user may only use the services already provided for his own information purposes. In addition he is permitted to print out information made accessible to him and – provided the option of storage is offered by Vogel – store it once on his computer. Furthermore the user may not process and change the content provided or, for example, remove copyright information. All rights are reserved by Vogel or the originator in question. | ||||
| 6.3. | The user covenants to respect the rights of third parties including the rights of Vogel. For this reason he is forbidden in particular:
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| 6.4. | Insofar as the user places content himself, he grants Vogel the irrevocable and unlimited right, in perpetuity and throughout the world, to keep the content ready for recall on Vogel’s web pages. Vogel is not obliged to store or keep ready this content for him. As far as that is concerned the user is obliged to store or otherwise backup the data for his purposes. | ||||
7. |
Blocking/deleting of content |
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| 7.1. | Should Vogel be made aware by a third party that content impinges upon their rights or is otherwise unlawful, Vogel is entitled to block this content. The customers/users are informed immediately of the blocking and are given the opportunity to refute the allegations. | ||||
| 7.2. | Should Vogel be claimed against by a third party, a court or a public authority due to behaviour for which the customer/user is responsible, in particular for a culpable infringement of the above obligations, the user shall covenant to release Vogel from any claims and to bear the legal costs. Vogel shall inform the customer/user immediately of the assertion of the claims in question. The customer/user shall provide Vogel with the best possible support in the defence of these claims. If the customer/user does not comply with this obligation within an appropriate deadline to be set by Vogel, Vogel is entitled to deal with the charge by the third party taking into consideration the circumstances and legal position as they appear to Vogel, at its own due discretion. The costs of settling this shall be borne by the customer/user and also borne if the settlement subsequently transpires to be detrimental due to information not given by the customer/user. | ||||
8. |
Liability of Vogel |
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| 8.1. | Vogel shall only be liable for malice aforethought and gross negligence and in the event of a breach of an essential contractual obligation (cardinal obligation). In the event of a slightly negligent breach of a cardinal obligation Vogel’s liability is restricted to damages that were foreseeable when the agreement was concluded and typical of this type of agreement. Vogel is not liable for slightly negligent breaches of secondary obligations, which are not cardinal obligations. In cases of initial impossibility, Vogel is only liable if it knew about the impediment to performance or the ignorance is based on gross negligence, unless it is a matter of a cardinal obligation. | ||||
| 8.2. | The preceding liability exclusions do not apply if shortcomings are maliciously concealed or if a guarantee of quality is transferred, for the liability for claims on the grounds of the Product Liability Act, and for bodily injuries (life, body, health). This does not imply a change in the burden of proof to the detriment of the user. | ||||
| 8.3 | Insofar as the liability of Vogel is excluded or restricted, this also applies to the personal liability of their clerks, workers, employees, representatives and contractors. | ||||
| 8.4 | With the exception of claims from unauthorised action, claims for damages from the customer/user, for which the liability is restricted according to this clause, become time-barred after one year calculated from the statutory start of the limitation. | ||||
9. |
Term |
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| 9.1 | This agreement shall run for an indefinite term. It may be terminated by e-mail by the contracting partner at any time without notice, by Vogel with a notice period of two weeks. The right to terminate without notice for good cause remains unaffected. Good cause for Vogel to terminate the agreement would in particular include a breach of legal prohibitions by the customer, the continuation of other breaches of the agreement after a warning or a change to the legal or technical standards on the Internet that would make it unreasonable for Vogel to continue to provide all or some of the services. Partial cancellations of certain services utilised by the customer/user are possible, in case of doubt only the service stated in the cancellation is cancelled, not the overall user relationship. The customer/user shall keep his e-mail address up to date for this purpose. He may send a cancellation himself to info@used-machines.com. |
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| 9.2 | In addition the customer/user may terminate individual partial services (e.g. e-mail) at any time by deleting his account. | ||||
| 10. | No guarantee of the correctness of the content of information supplied | ||||
Vogel bears no liability whatsoever in connection with the incorrectness of information relayed; this applies also with respect to data transmission errors, insofar as such errors are not attributable to intentional acts or gross negligence. |
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| 11 | Transmission of supplemental information and offers | ||||
| Vogel is authorised, but not obliged, to transmit additional information or offers of its own or of third parties to customers and potential buyers which are connected to their intended or completed purchases. | |||||
| 12 | Liability of Vogel | ||||
| Insofar as liability is not otherwise governed in specific circumstances set out above, Vogel hereby disclaims liability for slightly negligent breaches of obligation. | |||||
| 13 | Place of performance, court of jurisdiction and applicable law | ||||
Place of performance is Würzburg. In transactions with merchants, legal entities under public law, or special assets under public-administrative law, the proper court having jurisdiction for any actions in connection with a transaction, without regard to the amount in controversy, is the Würzburg Local Court. The contractual relationship shall be governed exclusively by German law. |
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| 14 | Severability clause | ||||
If individual provisions of the Terms and Conditions should be invalid in whole or in part, this shall not affect the validity of the remainder of the agreement. No amendment to or modification of the agreement shall be effective unless made in writing. The same applies to gaps in the regulations. |
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| 15 | Data protection | ||||
| 15.1 | Vogel is authorised to store and to process all data given by customers and users for the purposes of the usage agreement. Vogel covenants to observe the relevant data protection laws and regulations. |
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| 15.2 | Some of the services require that the customer/user consents to the use of his data for advertising purposes. The customer/user is not obliged to grant this consent. Furthermore he can for the future revoke consent he gave once at any time without giving reasons. In this case he may no longer utilise the services. |
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| 15.3 | Otherwise Vogel refers to its Privacy Policy. |