This text (our terms and conditions) has been translated with Google Translate. We do not guarantee for the correctness and accuracy.
If you have any questions about our GTC please contact us at marketplace@bohemiandiesel.com or few the original version here
Contents
1. scope & defense clause
2. contract to stand and come off of the contract
3. registration
4. dissolution of the merchant account / notice
5. obligations of Trader
6. payment settlement and payment terms
7. sale in bohemian diesel marketplace
8. use rights
9. performance description and changes of the offer
10. evaluation system
11. disclaimer
12. Assignment and pledging ban
13 warranty / defects liability
14. privacy
15. availability
16 left to other online pages
17. copyright
18. content, usage rights and licenses
19. liability exemption
20. cookies
21. contractual takeover by third
22. language, place of jurisdiction, applicable law and small entrepreneurs
23. severability clause
24. date general terms and conditions
terms and conditions for suppliers
1. Scope & defense clause
1.1. for the business relationship between sabrina zeltenhammer, bohemian diesel marketplace, Ekkehartstraße 24 in 85630 Grasbrunn and the dealer the following general terms and conditions apply exclusively in the internet site each on the of bohemiandiesel.com visible Constitution. the dealer can this text, which is only available in German and English, downloaded to his computer and/or print out and keep.
1.2. different terms and conditions of Trader will be rejected, except bohemian diesel marketplace of retribution without prior written authorization. the trading conditions also apply to the Claims under mobile applications from bohemian diesel marketplace.
1.3. through the registry on the internet site bohemiandiesel.com and related sites, confirmed the dealer to have read these rules and to agree with this. Registration of the trader for the use of shop systems and the marketplace is only possible for companies. the dealer assured with his registration that he only acts as entrepreneur and confirmed his entrepreneurial characteristic.
1.4. the provider reserves the right in the general terms and conditions at any time without giving any reason to change. the change in the general terms and conditions are communicated to the dealer no later than one month before implementing the change. is not contrary to the new conditions of participation within a month (consistent time) after notification or will continue to be used after the end of this period of contradictions dealer access, so the change shall be deemed accepted. then bohemian diesel marketplace will point in an e-mail. all without prejudice to the effective date of the changes ongoing offers and bids remain of the change. in case of an objection, the contractual relationship ends at the effective date of the new general terms of use.
2. contract to stand and come off of the contract
2.1. are terms and conditions by this general, the conclusion of the contract for the use of the online marketplace the provider’s, the run of shops, including all functions, activities, content, shops and other services and governed the contractual relationship of the provider’s with the suppliers.
2.2. bohemian diesel marketplace operates under the domain bohemiandiesel.com an online marketplace, where the dealer is able to offer its products for sale. bohemian diesel marketplace provides the dealer this selling Platform available. manufacturers can were on the internet platform of bohemian diesel marketplace, articles and products to offer during the contract term through the sale and purchase of bohemia diesel.
2.3. bohemian diesel marketplace is not the contractors between the dealer and a buyer closed contract and is at the conclusion of contract between the trader and the buyer is not involved and no guarantees with respect to the texture of the goods offered by dealers and services from.
2.4. the manufacturers, the products and product details offered on a market place page and in the specified categories itself. it is for each dealer himself, to learn about the legal conditions of the sale were or contractual statements of work or services contracts, and these engagements independently comply (eg. b. imprint, privacy policy, cancellation terms etc.).
3. registration
3.1. traders can sign and register via online registration form. the provided registration form must be completed fully and truthfully. the registration of Trader represents a legally binding offer on conclusion of a usage contract. the contract between bohemian diesel marketplace and the dealer comes through confirmation of the registration by the provider to the dealer about.
3.2. after registration, consent to these general conditions and confirmation by bohemian diesel marketplace are natural (of age) and legal persons Traders At bohemian diesel marketplace. a claim to a contract with the provider does not exist. should doubt exist at the age of majority, reserves bohemian diesel marketplace the right before, require a proof of age of the suppliers.
3.3. for registration of a legal person by the authorized representative, natural person may request representation by proven template of a certificate of registration of the provider. in the registration of a personal company, the vendor require the template of the current statute.
3.4. for registration in the German or English language on the online form is the dealer to his dealer name and a password. the password must be kept secret. a claim to a particular vendor name or a specific password does not exist. a recording duty of the Trader does not exist.
3.5. changes of corporate and tax data of Trader need to be updated (within two weeks) on the manufacturers account immediately.
3.6. in a justified suspicion that, for a registration an avoidance of the aforementioned regulations has occurred, the provider is entitled to confirmation of registration to refuse. should pay for a registration, such a suspicion, so is the provider entitled to terminate your dealer account.
3.7. the provider saves the contract data and contract terms with the suppliers concerned. the trader’s account is not transferable. a use by third prohibited.
3.8. the website of Trader is to make of this after registering themselves and adjust the data and information.
4. dissolution of the merchant account / notice
4.1. the contract is for an indefinite time and can be terminated with a period of two months to the end of month. in the notice that deposited with bohemian diesel marketplace e-mail address, the dealer name and contact data are stated. the effect of the termination notice is done on schedule for.
4.2. a notice by the provider can be directed to the address of the Trader in writing or by e-mail that has given as current contact data of suppliers. a notice is at the end of the contractual term subject to the notice possible.
4.3. the providers are all rights reserved dealer accounts announce to / terminate, without notice. a block his can occur for the following reasons:
do not comply with the general terms and conditions or terms of use, use of false or foreign data or other illegal reasons.
4.4. according to a notice by the manufacturers, a notice by the advertiser or block his is the merchant account of additional, but not the obligation, to delete the content created by the dealer.
4.5. the right to extraordinary termination remains unaffected. In addition to the legal reasons for an extraordinary notice is an important reason before, when a trader the payment of due remuneration in failing to mahnung out within the prescribed period and is at the time of termination in distortion. the vendor is entitled to take over of a course of the set time provisional measures.
5. obligations for sellers
5.1. the dealer will be given to the use of the internet site as part of the general terms and conditions. the dealer account is not transferable to third.
5.2. the dealer is not authorized content to secure the intern by download or otherwise as to reproduce, to modify or decompile, unless such disclosure is, e is copyright act allows d by §§ 69th
5.3. the dealer is not entitled to the actual access, zugangsdaten or to leave other data and documents third. in particular it is not allowed, to use to sell access to, lend, rent or sublicense in any other fashion or play in public, or making it accessible. the dealer undertakes its entrance data and the other documents before the access to be protected by unauthorized third parties. to the dealer assured in particular that the computer system, which takes place from which access to the dealer account, via a constantly updated protection against viruses, Trojans, phishing and similar features accessed. exist clues that third access by unauthorized persons through the computer system of the Trader to the dealer account or have acted in any other way, so the dealer is obliged bohemian diesel marketplace immediately to inform and bohemian diesel marketplace the surrounding circumstances tell. when abuse is bohemian diesel marketplace right to block the access to the contents. the dealer is liable for negligence on his abuse and harm resulting therefrom. the dealer has to indemnify bohemian diesel marketplace of claims third act of his.
5.4. ensures the dealer that he will not use the services in a fashion that affects the server of the provider’s or the connected networks damaged, deactivated, overloaded or otherwise be. the dealer undertakes means any furnished entrance data only to those services, accounts, computer systems and access networks connected, the object of this contract are.
5.5. the dealer assures that it obtained documents confidential and before access third protects. Here, the trader appropriate any locking in the form of firewalls, virus programs, encryption etc. set.
5.6. violates the dealer against the granted rights of use and the general terms and conditions shall cease to exist right to use with immediate effect and automatically reverts to diesel bohemian marketplace. bohemian diesel marketplace is entitled in this case to block online access immediately and to terminate the contract with immediate effect.
5.7. the provision of technical prerequisites for / to correct and error-free reception / utilization is up to the dealer. This relates essentially to the hardware used by him and operating system software. it is hereby expressly pointed out that he has to make sure before the registration / order of its technical prerequisites.
5.8. the dealer is obliged to take the measures necessary to hedge its system precautions, in particular the current security settings of browsers to use to carry out a regular data backup and current protection software to save from computer viruses employ.
6. payment settlement and payment terms
6.1. the dealer accepts the cash settlement with the customer himself.
6.2. for individual use negotiations falls respectively to a remuneration whose height gives pricing model from the toll rate and the selected valid. after a successful sale of goods on the bohemian diesel marketplace platform a commission of 10% is payable. In addition to manufacturers their products with additional functions or additional options on the internet platform particularly effective advertising offer. this are fees levied on the dealer before any booking of an additional option is pointed.
6.3. the exhaustion of the commission for the vendor is done automatically by the vendor pay paypal. the dealer receives goods worth credited minus the benefication. in a complaint by the customer or if the order has to be cancelled on behalf of the seller (Item out of stock etc.) that received commission will not be refunded. the vendor/seller has to refund the full amount of the item to the customer.
7. sale in bohemian diesel marketplace
7.1. the dealer undertakes on the offer sale and purchase of the provider’s only new, unused and in their original packaging timber and dispose. However, there is a possibility in special cases, so-called “vintage” or “second hand” would offer. this must be specifically approved by bohemian diesel marketplace in the run, however. the dealer undertakes no goods or to sell products whose sale to a statutory prohibition, contrary to official editions or good morals, or requires a certificate of shopper. cars were or may antiquities only with the consent of the provider’s are sold.
7.2. the dealer undertakes to ship sold goods within the delivery time indication. the dealer has to collect the shipment of goods by the system for this to be communicated to the buyer. customer request are on workdays within 48 hours to answer. retouren are recognized in the shop system immediately.
7.3. the dealer undertakes the necessary instructions to his shop, among others in the form of general terms and conditions, contacts, privacy policy, set the pattern cancellation terms and write for exercising the revocation.
7.4. the offers and contents of traders may not criminal standards, the regulations for the protection of minors, privacy right, copyright, trademark, trademarks, patents or name right infringe third or moral rights and other rights of third.
7.5. the dealers are prohibited from following were offering on the bohemian diesel marketplace platform
7.5.1. articles of criminal actions, services that violate criminal standards
7.5.2. propaganda items of banned parties, clubs and groups
7.5.3. articles anticonstitutional organizations
7.5.4. counterfeiting, counterfeit branded products
7.5.5. content, which are contra bonos mores
7.5.6. images and other files that are protected by copyright if the user has not acquired right of use
7.5.7. articles that have been manufactured in child labor
7.5.8. images or other files, the company-, trademark or other property rights violated
7.6. bohemian diesel marketplace reserves set were to terminate, if they violate the aforementioned principles.
7.7. the dealer undertakes during adjust the of goods comply with the applicable statutory provisions. the dealer is bound to respect regulations of foreign states, so far as the offer to customer addresses in other countries.
7.8. suppliers behave towards other members and dealers respectfully. this includes the fair colloquial together.
7.9. dealer may not circumvent or prevent use subject to remuneration action resist good faith incurred user charges. in case of evasion or loyal adverse remuneration frustration will assert bohemian diesel marketplace by the participating members of the unpaid remuneration in the way of compensation. further claims are reserved.
7.10. the dealer must have the offered goods or shall be in a position to deliver it within the time specified with discount. the dealer has in the supply-specified price for, payment, delivery, delivery time, to make shipping & returns. the referencing in the articles specified by a link is not allowed.
7:11. the geltendmachung of bohemian diesel marketplace charges against the buyer is not permitted.
7:12. comments, ratings, news and critiques by the manufacturers are to maintain objective and may not contain insults. bohemian diesel marketplace reserves, ratings that. against the general terms and conditions and to delete violating code of conduct
7.13. there may be used any technologies that the platform, dealers, members or third inflicts harm, harass or the dealer gives a beneficial. this includes the use of viruses, robot, spider, scraper, crawler, hacking, brute-force attacks, etc.).
7.14. urls may not be offered in the set to be specified if this further information can be found at the respective offered exclusively. the content of the linked pages must comply with the applicable law. links to partner programs, referral-urls, subscription sites to fee urls and online shops, etc. are prohibited.
7.15. for violations of the Trader to these general conditions, the code of conduct or other legal provisions is bohemian diesel marketplace entitled to take the measures listed below:
7.15.1. in a breach of the duty of the Trader, the dealer is to prompt by bohemian diesel marketplace committed up an opinion be given within the period granted. bohemia diesel can take the dealer in the event of a breach of the duty depending on the severity of the violation, following sanctions:
7.15.2. cautionable of Trader, with the prompt to remove the offending immediately and henceforth to refrain;
7.15.3. suspend, suspend or terminate offered by individual or content;
7.15.4. working or restriction of use of diesel bohemian marketplace platform by the trader;
7.15.5. temporary or provisional block his of Trader;
7.15.6. Exclusion of Trader and extinction of profile.
7.16. offered at the end of the block his or Trader Status due to a violation, and conditions of the general, the Code of Conduct or applicable legal regulations owes the dealer at the time of the termination charge incurred for the affected packages in the way of compensation. the assertion of a lump Remedies and Damages drops the evidence without prejudice, no, a much lower or much higher damage has arisen.
8. use rights
8.1. the dealer admits bohemian diesel marketplace for the execution of the contract necessary rights to the content posted by him on the online platform a. this includes the right to reproduce them from the dealer set content for the contractual performance of its services, distribute, make available to the public or edit. This right remains even after termination of membership addition.
8.2. the dealer admits bohemian diesel marketplace a the right to use it uses content in the advertising for the online platform or individual offers to copy, distribute, make public, edit, send or public reproduce zugänglichmachungen.
8.3. the aforementioned usage rights are bohemian diesel marketplace temporally and spatially unlimited granted. the usage rights can be transferred to third and sublicensed. bohemian diesel marketplace owes no separate remuneration.
9. performance description and changes of the offer
9.1. the provider reserves the right to changes of technical reasons – such as updating or requires further development – to make, provided that the essential character of the services offered is not changed.
9.2. the vendor has the authority under compliance of announcement deadline set by two weeks its service. for the event that the vendor ends his service, it is entitled, but not obliged to delete the custom created and set contents.
9.3. in case of changes sought the provider to inform the trader in time about the changes.
10. evaluation system
10.1. bohemian diesel marketplace provides an evaluation system for disposal, in which the respective contracting parties have the possibility of make a review of their contractors in the settlement business.
10.2. the dealer agrees that buyer to purchase a developed process have the possibility to evaluate the shop Trader. The evaluation criteria are specified by the vendor.
10.3. the dealer undertakes to make disclosures in the submitted reviews exclusively accurate and comply with the statutory provisions. emitted by traders ratings must be kept objective and must not contain abusive criticism.
10.4. bohemian diesel marketplace accepts no liability for the content correctness of these reviews. the ratings are not checked by bohemian diesel marketplace and may be inaccurate or misleading.
10.5. bohemian diesel marketplace is entitled to discretion at any time and in its to cancel the provided ratings or change. any use of the evaluation system, which serves not only the purposes of an honest and objective evaluation is prohibited.
10.6. bohemian diesel marketplace should the respective manufacturers names and the respective valuation profile and by a dealer for other bohemian diesel marketplace members posthumous review comments all visitors to bohemiandiesel.com and bohemiandiesel.com principle, even after termination of the contract or block his by bohemian diesel marketplace, make available.
11. disclaimer
11.1. the vendor is liable for any damage that offered by the set of information Trader to events, contributions, show, corporate presentations or comparable entries occur.
11.2. the vendor provides no guarantee for its performance or for the benefits of mediated partner companies.
11.3. exceptions exist for grossly negligent obligation injury of a legal representative or agent of the provider’s.
11.4. the vendor is liable for the loss of data only if such a loss would not have been prevented by a daily data backup measures of the Trader. a liability for technical reasons failures and data losses, broken data transfers or other impairments and damages, which are not the responsibility of the vendor is excluded. the provider is not liable for damage caused by the failure of his business expenses and the portal as a result of higher violence, revolt, war and natural events or due to other of him not responsible (eg strike, lockout, traffic problems, official decrees public hand at home and abroad) are initiated. This also applies if these disorders occur when the provider of authorized third or vicarious agents.
11.5. the dealer is aware that it can come in individual cases to errors in the transmission of data and / or in the subsequent presentation of the data by the import of data. a liability of the provider’s is only a culpable behavior and if the dealer has fulfilled its obligations to cooperate. the dealer is obliged to import data conducted immediately in an appropriate scope (at least by random sampling) to check for correctness and completeness and to notify an error immediately after its discovery. should not be possible for an urgent correction of the error, the provider is entitled to remove the faulty product data or temporarily to take the shop offline.
12. Assignment and pledging ban
12.1. claims or rights of the Trader against the vendor or customer may not without the specific consent will not be assigned or pledged unless the dealer has demonstrated a legitimate interest in the assignment or pledge.
13 warranty / defects liability
13.1. claims for damages of Trader are excluded unless otherwise stated in the following reasons otherwise. this also applies to the representatives and agents of the provider, if the dealer has an objection to these claims on compensation for damage.
13.2. except for claims for damages of Trader due to injury to life, the body, the health or material contractual obligations which must be met for the achievement of the Treaty’s objectives necessarily. as this does not apply to claims for damages by gross negligence or intentional breach of duty of the provider’s or his legal representative or agent.
13.3. in the breach of contract is liable to the vendor in the event of simple negligence only to the typical, damage foreseeable, unless the provider’s lack fraudulently concealed or if a guarantee for the texture of the performance has, or that it is made to claims of Trader an injury to life, the body or the health concerns.
13.4. statements and notes to the services of bohemian diesel marketplace are solely as description of texture and not as a guarantee or any assurance of a property. testify to performance-objective questions only guarantees or assurances are in right mind, if made in writing and are expressly and literally as “guarantee” or “any assurance” in.
13.5. a proper lack exists when the services of the provider’s do not have the texture contractual and thus the suitability is to use suspended or reduced for contractual. a significant limitation of suitability shall not be considered. the dealer has bohemian diesel marketplace occurring defects, faults or damage reported immediately.
13.6. bohemian diesel marketplace fixes defects after receiving a written verifiable description of defects by the dealer within a reasonable time.
13.7. the right of termination of the Trader for not granting the use is only when the elimination of the lack of late is received in good or is deemed to have failed.
13.8. the provider closes without limitation, all liability for damages of any kind, whether direct or indirect damage as well as for consequential damages, which the and the access result from the use of the internet site or online pages of the left third. Moreover, any liability for manipulations on it system of Trader is excluded by third.
14. privacy
14.1. in connection with the development, conclusion, settlement and back settlement of a contract on basis of these general terms and conditions will be collected, stored and processed by the provider data. this is done in according to law. The privacy policy is viewed here or on the website bohemiandiesel.com.
15. availability
15.1. for a permanent availability of the intern bohemiandiesel.com can not guarantee the provider.
15.2. the maintenance of the internet platform may have a negative impact on the accessibility. be maintenance measures for the manufacturers, as far as possible, gently and carried out after prior announcement. be regular or predictable time to wartungsarbeiten points made with the least possible use and announced at considerable period in advance. additionally, unannounced maintenance measures for example in unforeseeable disorders (e.g. attacks, viruses) may be required.
16 left to other online pages
16.1. is applicable referenced or linked from the intern bohemiandiesel.com on the internet pages of third, accepts the vendor no guarantee and liability for the correctness or completeness of the contents and the data security of these online pages. because the vendor no influence on the compliance with data protection rules has third, the data protection explanations offered to be examined separately third.
17. copyright
17.1. bohemian diesel marketplace is owner of all industrial property rights, in particular trademarks, copyright and rights right, at its internet pages and to as part of the contract sent documents. these plants, including all of its parts are protected by copyright. any utilization outside the limits of copyright law is inadmissible and punishable without written approval by bohemian diesel marketplace. this applies in particular to duplications, translations and the input in any electronic media and related presentation to third.
17.2. any duplication and retransmission of documents sharing as a whole or in requires the written consent of bohemian diesel marketplace.
17.3. no element of intern grants the Trader license or right to images, registered trademarks, logos or other right. Download the copy or the internet site or its elements are not right justified with regard to the elements transmitted on the website or.
17.4. the manufacturers are liable for submitted and by the additional set pictures, texts, articles, route planner and map itself. This also applies bildmaterial and text material, which tailored for the setting on the website bohemiandiesel.com adds, shortened or modified must if the dealer does not contradict within one week after publication.
17.5. event that a claim of the provider’s done by third, the manufacturers to providers of all has to indemnify claims.
18 content, usage rights and licenses
18.1. ensures the dealer that by it to use in the marketplace against members or customers used content and articles of right are free third. further assured the traders that he corresponding right has the appropriate rights as the right owner (photographer, designer, showing people, copywriters, brand owner, etc.) to use and assignments.
18.2. for the legality of the storage and the hold of data the customer, are stored by the dealer, the dealer is responsible. He provides legal, that he has for the continued storage and / or repeated use of the necessary rights or the extinction of data initiated as soon as the run right or it turns out that they do not or do not exist in the required scope.
18.3. the dealer transfers bohemian diesel marketplace for the contract term and beyond a free, non-exclusive, spatially and temporally unlimited, transferable right of use to use, duplication, demonstration, presentation and dissemination of all questions to dispose materials as part of the scope permitted by law. ends the authority of the Trader or where it appears that such was at no time, it will inform the provider immediately.
19. liability exemption
19.1. the dealer shall exempt bohemian diesel marketplace from any claims of third parties, assert with bohemian diesel marketplace because of an illegal or breach of the duty of the Trader, unless the dealer is not responsible for the breach of duty. This includes in particular the right or Set-contractual reproduction of any article, reviews or forum contributions. to report are also reasonable costs of legal defense (in particular. legal fees) that behave bohemian diesel marketplace by a Trader are incurred as a result. the dealer is obliged bohemian diesel marketplace to immediately on the assertion of claims from the running of the shops or use of the marketplace towards him in knowledge.
20 cookies
20.1. bohemian diesel marketplace is partly a so-called cookies to enable the Trader to access faster and more individual. the customer can set his browser so that it informs about the placement of cookies or the use is suppressed by cookies.
20.2. bohemian diesel marketplace indicates that the activities of the Trader registered on the website and to safety, among other things, marketing and system monitoring purposes analyzed.
21 contractual takeover by third
21.1. bohemian diesel marketplace is entitled to use the contract to be transmitted with a notice period of four weeks his rights and duties from all or part of a third. in this case, the dealer has the right to terminate the use contract within three weeks after receipt of the notification at a time working days of. 4
22 language, place of jurisdiction, applicable law and small entrepreneurs
22.1. the contract is written in English or German. the further execution of the contract relationship is done in English or German. there is only the law of the federal republic of Germany application. place of jurisdiction is in disputes with traders who are not consumers, legal person of public law or public special assets, seat of the provider’s.
23. severability clause
23.1. should individual provisions of general terms and conditions be invalid or void, this shall not affect the validity of the remaining provisions.
23.2. at a legitimate warning letter is the abmahnende committed bohemian diesel marketplace indicate what is intended ineffective. claims for damages for this first warning letter will not be applied.
24. date of general terms and conditions
grasbrunn, 12 June 2016
