GENERAL TERMS AND CONDITIONS FOR MACHINE SELLERS
1. subject matter of the contract
(1) Kardan & Weiss GmbH in Donaustraße 101 - 90451 Nürnberg operates the online portal https://machines.world (Machinenwelt), a multilingual portal for machines and plants, where manufacturers and dealers can present their machine offers.
(2) These General Terms and Conditions regulate the legal relationship between the operator and the users of the online service.
2. services of the Kardan & Weiss GmbH
(1) Kardan & Weiss GmbH provides an online service through which the user as an advertiser can create and publish offers and requests consisting of texts and images as well as view advertisements published by other users as an interested party. In addition, the services also enable the exchange of electronic messages between advertisers and interested parties. The machine offers placed by the customer can be reached via the search function of the website https://machines.world alongside all other machine offers. Kardan & Weiss GmbH reserves the right to design and change the https://machines.world of all functionalities and contents within the framework of the state of the art and market custom.
(2) The activation of the advertisements takes place daily, unless otherwise agreed. The operator reserves the right to postpone the activation for technical or other reasons.
(3) The Kardan & Weiss GmbH keeps the submitted offer of the customer as a web hosting provider stored on its servers and ready for retrieval and guarantees a minimum availability of advertisements and data of 95% of the contract period. In the event of malfunctions in server operation, Die Kardan & Weiss GmbH shall endeavour to remedy such malfunctions without delay. The Kardan & Weiss GmbH will carry out maintenance work as well as necessary interruptions of the server as far as possible outside the main business hours (between midnight and 5 a.m. as well as on Sundays and public holidays). E-Life's servers are equipped with state-of-the-art security devices against data loss, unauthorized data access and infestation by so-called computer malware (viruses, worms, Trojans, etc.).
3. registration and conclusion of contract, participant account and access data
(1) The registration and transmission of the participant's data shall lead to the conclusion of a contract for the use of the dealer area in accordance with these GTC. For the purposes of these General Terms and Conditions, participants include not only the main business but also the individual branch, sales point or other location. A participant account is not transferable and may not be used by different branches or locations.
(2) Registration is only permitted for legal entities and natural persons and partnerships with unlimited legal capacity. Especially minors are not allowed to register. The person registering must be authorised to conclude appropriate contracts for the participant.
(3) The notifying person is obliged to provide complete and truthful information.
(4) Within the scope of the registration and the current contractual relationship, Kardan & Weiss GmbH is entitled to demand the submission of an extract from the commercial register and/or trade register and other documents and information which appear necessary or expedient for the registration or maintenance of the contractual relationship.
(5) The user is obliged to inform Kardan & Weiss GmbH immediately of any changes to the data provided during registration. The notification can be made online via the dealer area, in writing, by fax or by e-mail.
(6) The user must check the correctness of the data provided when registering for the first time and each time a change is made.
(7) Offers are protected with a password chosen by the user. It cannot be excluded that third parties acquire this password and change or delete advertisements against the will of the advertiser. A liability of the operator is excluded for this. The user must keep his password secret and carefully secure his access data. In addition, he is obliged to inform Kardan & Weiss GmbH immediately if there are indications that his access data has been misused by third parties. This also applies to the access data of individual users of a participant if one participant has several accesses.
(8) Kardan & Weiss GmbH will not pass on a participant's password to third parties and will not ask the user for the password by e-mail or telephone.
4. deletion of offers, blocking, termination and other measures
(2) When choosing the measure, Kardan & Weiss GmbH shall take into account the legitimate interests of the participant concerned, in particular whether there are indications that the participant was not at fault for the infringement.
(3) Kardan & Weiss GmbH is entitled to restrict or terminate its services in whole or in part and to delay the publication of offers or other content by users if this is necessary with regard to capacity restrictions, the security or integrity of the servers or for the implementation of technical measures, or if this serves the proper or improved provision of services (maintenance work).
5. multiple placement / use of the advertisement contents
(1) Kardan & Weiss GmbH is entitled, but not obliged, to make the machine offers posted by the customer accessible via other websites (e.g. newspaper portals) than Kardan & Weiss GmbH as well as to publish them via print media, changing the formal presentation. Furthermore, Kardan & Weiss GmbH has the right to use the contents of the customer (e.g. texts or pictures) within the scope of its own advertising measures or to modify them for these purposes (e.g. to create excerpts) as well as to make the contents available to partners of Kardan & Weiss GmbH for use to the same extent.
(2) The user assures that he is the owner of the transferred rights and that it is possible for him to effectively grant the aforementioned rights. The advertiser also affirms that the works are free of third-party rights.
6. invoicing, due date and amount of remuneration, payment
(1) The annual participation fee shall be calculated in accordance with the applicable price list and shall be charged retroactively by Die Kardan & Weiss GmbH for the past year. Invoicing is done exclusively electronically by sending an invoice by e-mail. The final amount shown in the invoice is due for payment immediately after receipt of the invoice.
(2) The fees to be paid by a participant shall in principle be paid by SEPA credit transfer.
7. price changes / change of the AGB
(1) Price changes shall be announced by Kardan & Weiss GmbH in good time so that the participant can terminate the contractual relationship by observing the contractually agreed period of notice with the time of termination before the new prices become effective. Insofar as he does not exercise this right and continues to make use of the services of Kardan & Weiss GmbH after the date of validity of the price change, the price change shall become binding for both contractual partners. Billing is based on the price change.
(2) Kardan & Weiss GmbH can offer the participants changes to these GTC with a notice period of two weeks. The changed conditions will be sent to the participants in writing or by e-mail at least two weeks before they come into effect. Kardan & Weiss GmbH's amendment offer shall be deemed accepted unless the amendment is objected to in writing (e.g. by letter, fax or e-mail) within two weeks of notification. The participant will be specifically informed of this consequence within the scope of the modification offer.
8 Liability of Die Kardan & Weiss GmbH
(1) The advertisements and contents published by users in the offers online service do not reflect the opinion of Die Kardan & Weiss and are not checked by Die Kardan & Weiss GmbH for their legality, correctness and completeness. Kardan & Weiss GmbH accepts no responsibility for the accuracy and completeness of the information contained in the advertisements or for the quality, safety or legality of the goods or services offered by users.
(2) Kardan & Weiss GmbH shall only be liable for any damages for itself and its vicarious agents - irrespective of the legal basis including tort - if Kardan & Weiss GmbH or its vicarious agents have culpably breached a material contractual obligation (cardinal obligation) in a manner endangering the purpose of the contract or if the damage is attributable to gross negligence or intent on the part of Kardan & Weiss GmbH or its vicarious agents. If the culpable breach of a material contractual obligation (cardinal obligation) does not occur in a grossly negligent or intentional manner, liability on the part of Kardan & Weiss GmbH shall be limited to such typical damage as could reasonably have been foreseen by Kardan & Weiss GmbH when the contract was concluded. This limitation of liability also applies to the extent of damage. In the aforementioned cases, liability for financial loss is limited to 500.00 €. The above limitations of liability shall not apply in the absence of warranted characteristics and liability of Die Kardan & Weiss GmbH in accordance with the Product Liability Act.
9. liability of the user
(1) The user indemnifies Kardan & Weiss GmbH against all claims asserted by other users or third parties against Kardan & Weiss GmbH due to an infringement of their rights by advertisements and other content by the user on https://machines.world or due to the user's other use of the online portal. The user assumes the costs of the necessary legal defense of Kardan & Weiss GmbH including all court and attorney fees in the statutory amount. The claim for indemnification does not exist if the user is not responsible for the infringement.
(2) The user is obliged to provide Kardan & Weiss GmbH, in the event of a claim by third parties, upon request and immediately truthfully and completely all information for defence which is necessary for the examination of the claims and a defence against them.
(3) Any liability of the user going beyond these regulations remains unaffected.
10. delay in payment / blocking / deletion of contents
(1) In the event of a delay in payment by the customer, Kardan & Weiss GmbH shall be entitled to demand payment of the entire outstanding balance for a period of one term, or to endanger the payment claim of Kardan & Weiss GmbH due to a significant deterioration in the financial circumstances of the customer within the meaning of § 321 BGB (German Civil Code), Kardan & Weiss GmbH shall be entitled to suspend the contractual performance until the customer has paid his due liabilities. Kardan & Weiss GmbH does not lose its claim to consideration as a result of this.
11. extension of the duration of the contract
(1) Unless otherwise agreed, the term of the contract shall be 12 months and shall commence upon signature of the contract. The contract is automatically extended by a further 12 months, unless it is terminated 14 days prior to expiry by one of the contracting parties. The right to extraordinary termination of the contract for good cause remains unaffected. Any termination must be made in writing or in the electronic form replacing it (§ 126 a BGB - qualified digital signature) in order to be effective.
12. data protection
(1) The customer is obliged to use the information about users or visitors of his machine offers sent to him via the website https://machines.world only in the concrete context of these. Any disclosure of user/visitor data to third parties or use for other purposes is expressly prohibited. In addition to these general terms and conditions, our data protection declaration applies.
13. place of performance, validity of German law, place of jurisdiction
(1) The application and interpretation of the user contract including these General Terms and Conditions shall be governed exclusively by the laws of the Federal Republic of Germany. The application of the UN Convention on Contracts for the International Sale of Goods of 11 April 1998 is excluded.
(2) Place of performance is 90451 - Nuremberg. For all claims arising from or in connection with the contract of use including these General Terms and Conditions, Nuremberg shall be agreed as the place of jurisdiction, provided that the participant is a merchant in the sense of the German Commercial Code (Handelsgesetzbuch). The same applies if the participant moves his residence abroad after conclusion of the contract or has no general place of jurisdiction in Germany.