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General Terms and Conditions

General Terms and Conditions

General Terms and Conditions



Preamble:
For commercial purposes the Restposten 24 GmbH operates various B2B trading platforms for trade via the Internet under the following domains:
  • www.restposten24.de (Germany)
  • www.restposten24.at (Austria)
  • www.restposten24.ch (Switzerland)
  • www.restposten24.nl (Netherlands)
  • www.restposten24.be (Belgium)
  • www.restposten24.li (Liechtenstein)
  • www.stocklots24.de (Germany)
  • www.stocklots24.nl (Netherlands)
  • www.stocklots24.be (Belgium)
  • www.stocklots24.eu (Europe)
  • www.stocklots24.es (Spain)
  • www.stocklots24.it (Italy)
  • among others
1. General Rules

1.1. The Stocklots 24 GmbH provides the user with access to the virtual marketplace Restposten 24 and Stocklots 24 for business-to-business trade via a restricted trading platform. All supplied offer and tender information is accessible by every visitor of Restposten 24 and Stocklots 24 (registered or not registered).

1.2. The Stocklots 24 brings suppliers and demands for merchandise and services of all kinds together on this platform by means of offers and tenders. The contracts concluded on the platform are to accomplish directly and solely between the respective users and are to fulfil and to conduct outside the platform. Stocklots 24 as well as the other services of the Restposten 24 GmbH serve the purpose of the mere initiation of business between the contractual parties. TheStocklots 24 GmbH is neither representative nor messenger of one of the parties. Therefor the Stocklots 24 GmbH will not become a party of any sales contract.

1.3. The usage of Stocklots 24 and Restposten 24is entitled to retailers, companies, manufacturers, freelancers and merchants only.

2. Membership

2.1. The membership on Stocklots 24 and Restposten 24 costs a one-time fee of 79.- € plus VAT for buyers and sellers. In return you do not pay any placement fees and sales commission. The user agrees his payments being partially processed via bank transfer or via Paypal or via the Libereco Payment Solution KG. For payment of the registration fee, the following methods of payment are available for the retailers:
  • debit note (immediate activation, processing via Libereco)
  • credit card (immediate activation, for processing via Paypal or Libereco)
  • online banking with pin/tan (immediate activation, processing via Libereco)
  • PayPal (immediate activation)
  • bank transfer to the Restposten 24 GmbH (immediate activation after receipt of payment)
  • bank transfer to Libereco (immediate activation after receipt of payment)
3. Top offers, certified/proved membership and the retailer data bank

3.1. The user has the opportunity of placing their items as "Top offers“ on the home page or as "Top offers“ in any category. The user can choose from various runtimes for his/her top offers. The runtime is calculated to the nearest second. Payment for the top offer is to accopmlish through a debit note or via credit card. The
Stocklots 24 GmbH issues an invoice for all booked services and sends it at the beginning of the next month. If the service was suceeded in the end of the month, it is to be paid in advance with the monthly billing. The user agrees that these payments are processed via the Libereco Payment Solution KG. If the account should not have the required coverage or the debit note could not be cashed for other reasons, then a service charge of Euro 8.50 will be due. The account must be kept in Euro and be arranged in Germany, Austria or in the Netherlands.

3.2. The members have a possibility to get access to retailer data bank. The payment for that is to be effected as a prepayment, via online-banking, credit card or PayPal. The Stocklots 24 GmbH issues an invoice for an access to retailer data base and sends it at once after the order received.

3.3. The user has also an opportunity to apply for certified/proved membership. The payment for that is to be effected as prepayment, via online banking, credit card or PayPal. The Stocklots 24 GmbH issues an invoice for the booked service and mails it immediately after the order received. The amount due for certified/proved membership is a service charge for the verification of the member. The claims for the costs refund in case of refusal to grand a proved membership are excluded. But the refusal itself takes place only in very rare and specific cases.

3.4. Issuing of invoices by the Stocklots 24 GmbH as well as sending of all documents resulted from the operation or use of Restposten 24 and Stocklots 24 services are accomplished via email. Only upon special request the sending of regular mail is possible.

4. Terms of Use

4.1. The entire use of the services of Restposten 24 and Stocklots 24 is available to registered users only. Requirement for the use of the platform is the conclusion of a licence agreement through the registration.

4.2. The interested part is to fill out the registration form completely and truthfully which is available online for the purpose of registration. The Stocklots 24 GmbH reserves the right to check the registration data and trustworthiness by suitable institutionws. In the case of bad trustworthiness or existent insolvency, the Stocklots 24 GmbH reserves the right to refuse the membership. If insolvency occurs during the contractual relationship, Stocklots 24 GmbH is entitled to terminate without notice.

4.3. The user is granted a basic, non-transferable licence for usage of services of the Stocklots24 GmbH. The user may only use the services, data and information from Restposten 24 and Stocklots 24 for his/her own, direct perposes. Him/her is prohibited to impart offer, retailer or personal data obtained via Restposten 24 and Stocklots 24 to third parties or to deal with the data.

4.4. There exists no claims for conclusion of a licence agreement. Restposten 24 has the right to refuse the conclusion of an agreement without stating reasons.

4.5. The website and the services of Stocklots 24 are opened to all legal bodies and individuals with unrestricted legal competence. Minors are excluded from the use.

4.6. The company or personal data are to be indicated completely and correctly during the register procedure. In particular the complete trade name, the representative authority as well as the respective identifiable address, telephone, fax number and email address are to be indicated. If the registered person is not acting on his/her own behalf but as a representative for other legal body or individual, the approrpriate empowerment must be issued and if requested by the Stocklots 24 must be provided.

4.7. During the register procedure the user chooses a password. This data is to be held confidential by the user and not to be made accessible to third party. The user is liable for all breaches of contract or violation of rights which are concluded or caused by means of his/her access data. The user´s name may not impinge upon the rights of third party, in particular trademark or labelling rights as well as also name rights or be in any other way immoral.

4.8. The user is free to register for multiple memberships at Stocklots24. A transfer of a user´s account or accounts to the third party is forbidden.

4.9. The Stocklots 24 GmbH is entitled to block individual offers of the user as well as his/her account and to exclude him/her from the use of Stocklots24, if the user violates the regulations and these General Terms and Conditions, public morality, applicable law or rights of third parties or if the Stocklots24 GmbH has other legitimate interest in blocking the user. The blocking is particularly possible if the user:
  • has indicated incorrect data when registering.
  • violates the rights of third parties in connection with the use of Stocklots24 or the third party comprehensibly alleges that its rights being violated.
  • misuses the services of Stocklots 24, in particular makes his/her user licence available to third party or copies, duplicates or otherwise makes offer, personal and retailer data available to third party which he/she obtained on this platform.
  • insolvency proceedings are filed for the assets of the contractual partner.
  • another appropriate cause exists.
4.10. It is prohibited for user to use the website of Stocklots 24 or other services of the Stocklots 24 GmbH in order to let them be used by third party. The Stocklots24 may block the account and the claims of compensation by the user resulting herefrom is excluded.

4.11. The Stocklots 24 GmbH reserves the right to request a certified German translation of all incoming documents.

5. Contract Conclusion and Registration

5.1. After transmission of the registration data by the user, the contract is accomplished by the acceptance of the offer by the Restposten 24 GmbH. Subject of the contract are these General Terms and Conditions as well as the respective price list valid at the time of conclusion.

5.2. The contract is concluded for an unlimited term.

6. User ID and Password

The user is obliged to ensure that the user name and the password are protected against unauthorised access by any third party. Any misuse of the user´s data is borne by the user. The user is to inform immediately the Stocklots 24 GmbH of any misuse of his/her data as soon as he/she get knowledge thereof.

7. General principles and obligations of the user

7.1. Advertisements and offers of the seller
a) The seller can place legally binding offers of his/her products at Stocklots24.. It is also possible to place tenders. The supplier is to place his/her offer or tender in the respective category as well as to describe it correctly and completely. In doing so he/she must indicate all relevant characteristics and attributes of an article which may be important for the purchase decision as well as errors which reduce the value of the offered merchandise truthfully. In his/her offer, the seller is to give instructions regarding the payment and delivery terms, his/her power of disposal as well as possibly existing statutory cancellation rights (§355, §312 b German Civil Code) and to supply information about data required for an appropriate imprint (§§ 3, 6 German Teleservices Act).
The supplier assumes the liability and the guarantee for the accurateness of his/her information. The Stocklots24 GmbH is not obliged to check the supplier's information. No data or information may be entered into the fields for offer information which could be useful for the contacting of the respective supplier (for example telephone and fax number, email addresses, web addresses and so on). In the case of violation, the Stocklots24 GmbH is entitled to delete or rather to correct the offer. In the case of repeated violation, the Stocklots 24 GmbH is entitled to block or rather delete the supplier account or as the case may be to review each offer manually before publication.
b) With the publication of the item, the seller submits a binding offer for contract conclusion regarding the respective item at the respective price. If interesed in offer, the buyer is to connect the seller directly.
c) The supplier is aware that he/she must maintain the advertised quantities (stock) in line with his/her offer and is liable for the fulfilment of a corresponding sales contract.
d) The seller is bound to his/her offer until its cancellation. The cancellation is effected at the timed period of deletion of the offer data at Stocklots 24. The seller is obliged to delete his offer himself immediately as soon as the merchandise is completely sold out.
e) Offers are not automatically deleted when they are sold, so the supplier should delete his/her offer on Stocklots 24 manually, if the item is sold out.
f) If Stocklots24 takes note of disagreements between the contractual partners, the contractual partners are obliged to supply sufficient information regarding subject terms and implementation of contract within the appropriate time limit set by Stocklots 24 GmbH. Should this not occur or should the Stocklots 24 GmbH take note of a non-business-like or rather illegal conduct of any part of contractual partners, Stocklots24 GmbH has the right to block the respective user of Stocklots 24 incl. all data connected with it (in particular offers, P.O. box contents) or rather to delete it. Compensation of already paid sums does not take place in this case.

7.2. Offers for tenders
By the placing of a tender the buyer asks for the submission of binding offers. For this purpose the buyer must describe the sought-after product using the as minimum information of the characteristics in the entry mask. The tender is binding until cancelled by deletion of the tender within Stocklots 24 by the buyer. The buyer has the right to withdraw his/her tender at any time. Stocklots24 makes the tender available to all suppliers registered on Stocklots 24. The buyer's tender is not a matter of a binding declaration of intent but of a request to submit offers (invitatio ad offerendum). Stocklots 24 is entitled to reject a tender if the buyer violates significant provisions of these General Terms and Conditions. Tenders may only be given for the purpose of concluding contracts. A seller gives binding offers for this object of purchase which is placed at Stocklots 24. At of the time period of the offer, the seller is bound to the offer.

7.3. Obligations of the potential buyer
a) If the potential customer requests the personal/business data of the supplier at Stocklots 24 regarding an offer and the potential customer declares the respective supplier the acceptance of the offer, the sales contract is directly accomplished through this. The potential customer is obliged to payment and acceptance of the merchandise, the seller is obliged to check the data.
b) The potential customer as well as the other users of Stocklots 24 are prohibited from doing commercial business by selling the address, contact, offer data and email addresses obtained through the use of Stocklots 24, i.e. for their own purposes or purposes of third party, in particular to publish, circulate, impart, store or to otherwise duplicate offer and address data against payment or gratis. It is furthermore prohibited to send commercial and/or unrequested advertisements within the system of Stocklots 24 or outside to the registered users (e. g. spam). A breach against the preceding obligations leads immediately to blocking and exclusion from Stocklots 24.
c) The user is not allowed to use mechanisms, software or other routines in connection with the use of Stocklots 24 unless these are made available by the Stocklots 24 GmbH (against payment or gratis).

8. Extent of the user licence and contractual penalty

8.1. The offers, products, items and company lists collected in system of Stocklots 24 and placed on the website are as a data bank in terms of §§ 87 a and 87 b Copyright Law protected. The registered customer of Stocklots 24 is granted a non-transferable, basic right to use this data bank and the respective data for the duration of the contract. In return, you may use the data bank yourself to the intended extent. The user is however prohibited, directly or indirectly, to issue sublicenses to third parties, in particular to give third parties the opportunity of accessing the data or the data bank themselves by means of the licence issued to the user. It is furthermore prohibited after the selection of a product by a third party, to execute the order for him/her or to pass it on. The user is also prohibited from informing a third party, against payment or gratis, of supplier data which the user has previously retrieved from the data bank of Stocklots 24. The website itself, the graphics, pictures, logos, JPEGS, PDF'S and contents is copyrighted. Copying, storing, duplicating or processing is prohibited by third parties.

8.2. In case of violations against point 8.1., the Stocklots 24 is entitled to an injunctive relief. The assertion of further damage is not excluded through this.

8.3. Stocklots 24 is furthermore entitled to terminate the user authorisation of the user with immediate effect and to block his/her possibility of access. Licence and copyright violations are furthermore offences in terms of §§ 106 ff Copyright Law and are immediately reported to the police.

9. Responsibility for contents and rights of recourse

9.1. Stocklots 24 as an operator of the trading platform, gives the user merely the opportunity of publishing his/her own offers or rather tenders there. Stocklots 24 is therefore active as a provider/information access provider which solely publishes external contents from third parties and makes them accessible. Due to multitude of offersStocklots 24 has no possibility and therefore is not obliged to ckeck the content of offers before publishing. That is whyStocklots 24 also does not adopt the offered information as its own.

9.2. The user has sole responsibility regarding contents, legal, factual and other informational contents. The user engages in observing applicable law for the selection, design and publication of the products as well as the transmission and release and publication of the offer information and shall ensure that neither protective laws, penal laws, procedural guidelines or rights of third parties (in particular commercial protective laws such as patent, trademark, labelling or name and personal rights) no matter which kind are violated.

9.3. The user explicitly ensures Stocklots 24 that he/she disposes of the copyrights, patent rights, petty patent/design patent and/or trademark right and licences necessary for the distribution of the offered merchandise, in particular that he/she holds the necessary rights of use, reproduction, publication and sales service protective rights. The user assures Stocklots 24 that he/she has verified that aforementioned third party rights are not violated by the offers he/she takes out, just as the fact that no other trademark, name or personal rights are violated by the publication of the offers and information. The user also assumes the exclusive liability for the admissibility of his/her offers and advertisements in regard to competition laws and administrative regulations.

9.4. The user is obliged to exempt Stocklots 24 from all claims of third parties, no matter of which kind, which arise from the publication of the data and offers. The obligation of exemption includes claims for damages as well as claims for compensation of expenses as well as the reimbursement for legal costs (e. g. court and attorney's fees), which Stocklots 24 spends for the defence of alleged claims.

10. Deactivation and removal of offers

10.1. Stocklots 24 is immediately entitled, without prior notification of the user, to remove/deactivate offers and data, if indications for an illegality and/or breach and/or violation against the General Terms and Conditions and/or a legitimate, own interest of the Stocklots 24 GmbH exists, in particular if authorities and/or other third party measures, no matter of which kind, take hold against Stocklots 24 and/or the user and the measures are supported by the allegation of an illegality or rights violation.

10.2. If claims from third parties are asserted towards Stocklots 24 because of forbearance, damages or right of disclosure (in particular due to dissuasion, call letter, mandatory injunction or claim), Stocklots 24 is entitled to the temporary blocking of the respective data without having to review the reasonable justification of the claims.

10.3. If blocking of an offer took place due to actions described under clause 1 and 2, the assertion of claims or other claims for compensation by the user are excluded, even so if it is subsequently transpired that the claims asserted against Stocklots 24 or the user were causeless.

10.4. Is Stocklots24 claimed against by third parties due to an offer of a user, then Stocklots 24 is also entitled to transmit the data stored on the user to the claimant outside of the legal process.

10.5. The Stocklots 24 GmbH is authorised to remove all offers and tenders in which in the item description, in the title or picture contact data of any kind (tel., fax, email, url, etc.) is stated. The Stocklots 24 GmbH is authorised to block the access in the case of repeated violations.

11. Data Protection

11.1. In line with the purpose of the contract, Stocklots 24 is entitled to collect, process, store as well as use participant data for its own purposes. In particularStocklots 24 is entitled to
a) publish and transmit participant data in line with services conducted by Stocklots 24,
b) convey participant data to authorised offices in line with statutory obligations,
c) to convey contact data from the participant data to third parties in the case of demands due to an alleged breach and
d) pass on participant data in other cases with previous consent of the participant.

11.2. According to the provision applicable for telecommunications suppliers and providers, Stocklots 24 stores the respective offer-related data (offer, text, alterations and also emails) regularly and deletes these after expiration of the storage time limit.

11.3. The user expressly consents to his/her individual-related data being used for marketing actions by Stocklots 24. That includes e.g. the sending of emails with general information and advertising character, a newsletter, the automailer and similar things. In case the user no longer requests the receipt of this information, he/she has the possibility of cancelling this in his/her customer menu. A sending of emails which contain important information for the use or rather function of Stocklots24 may in any case be sent by the Stocklots 24 GmbH.

11.4. Furthermore the user agrees that his/her name, his/her address, his/her email address as well as the other contact data required for the processing of the business transaction in line with the normal business operation by Stocklots 24 are transmitted to the respective prospective customer and/or contractual partner for the purpose of the contract negotiations and implementation of the contract.

12. Services and availability of Stocklots 24

12.1. The services and websites provided byStocklots 24 are made available without any warranty regarding availability and quality.

13. Limitation of liability

13.1. The Stocklots24 GmbH does not assume liability for the accurateness and/or completeness of the information, advice and recommendations on Stocklots 24 or rather for the information and offers accessible via Stocklots 24.

13.2. The Stocklots 24 GmbH does not assume liability for damages which result from the non-delivery, delayed delivery or the inaccurate delivery of the object of purchase. In each case the buyer is to claim against the seller.

13.3. The Stocklots 24 GmbH does not assume liability for damages which result from the removal, suppression or non-removal of offers unless the Stocklots24, the legal representatives or the vicarious agents can be accused of gross negligence or intent. Liability is limited to 200.00€ except in the case of intent.

13.4. The Stocklots 24 GmbH is only liable towards entrepreneurs for damages, except in cases of breach of significant contractual obligations, if Stocklots24 GmbH has charged with intent or gross negligence. The preceding liability limitation applies in particular for the compensation of indirect damages, in particular for the loss of profit. In line with the liability standard described above, the Stocklots 24 GmbH is only liable to the amount of typically foreseeable damages at contract conclusion.

13.5. The Stocklots24 GmbH is only liable towards consumers for intent and gross negligence. In the case of breach of significant contractual obligations, the debtor's delay or an impossibility of service provision which the Stocklots24 GmbH is responsible for, the Stocklots 24 GmbH is however liable for each case of culpable conduct. The extent of liability is, except for cases of intent and/or gross negligence, limited in amount according to the typically foreseeable damages at contract conclusion.

13.6. The preceding liability limitations and exclusions do not apply for claims resulting from the Product Liability Act, damages resulting from injuries to life, body, health or mandatory statutory regulations.

13.7. The Stocklots 24 GmbH is not liable for hard- and software errors on the server, which are used for the operation or rather administration of Stocklots 24, direct errors such as data reduction on the local system of the user, virus transmission, unavailability of Stocklots 24, damage to hard- and software on the local system of the user. There is no entitlement to completeness, accurateness or reestablishment (e.g. in the case of destruction of the data bank used for the operation of Stocklots 24).

14. Place of jurisdiction and applicable law

14.1. If the contractual partner of the Stocklots 24 GmbH is entrepreneur, the licence/use agreement including these General Terms and Conditions is solely subject to the tangible law of the Federal Republic of German excluding the CISG.

14.2. Darmstadt is the only exclusive place of jurisdiction for all disputes which arise from the use agreement and these General Terms and Conditions.

15. Alterations of these General Terms and Conditions and severability clause

15.1. The Stocklost 24 GmbH has the right to alter these General Terms and Conditions at any time and without stating reasons. The altered terms will be sent to the user via email in two weeks term before they come into effect. If the user does not contradict the validity of new General Terms and Conditions within 2 weeks term after receiving the email, the altered General Terms and Conditions are regarded as accepted. The Stocklots 24 GmbH will inform the user about the significance of this 2-week term limit at once in a separated alteration letter.

15.2. If a provision of this contract should not be completely or partially legally effective or loses its legal effectiveness at a later time period, this shall not affect the validity of the remaining provisions of the entire contract and the General Terms and Conditions. The invalid provision is regarded as replaced by such a provision, which in a legally effective manner economically comes closest to the spirit and purpose of the ineffective provision. The same applies for possible loopholes in the stipulations.

15.3. Additional agreements require the written form.

16. Language of the General Terms and Conditions

16.1. If Stocklots 24 makes translation of the German version the General Terms and Conditions available to you, you agree that the translation is only provided for the purpose of your information and that your contractual relationship to Stocklots 24 complies with the German version of the General Terms and Conditions.
16.2. If there be contradictions between the contents of the German version and the contents of the translation, the German version precedes.

Registration

Update: 01/01/11

© 1996-2013 Restposten24 GmbH / Stocklots24®

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