Standard Business Terms
Standard Business Terms
Standard Business Terms
The following general terms and conditions of business (hereinafter referred to as the “Standard Business Terms”) apply to all contracts concluded between Julia Wolf, Waldstraße 18, 70597 Stuttgart, Germany, Tel.: +49 174 7844448, e-mail: firstname.lastname@example.org (hereinafter referred to as the “Provider”) and the Customer as specified in Section 1 (2) (hereinafter referred to as the “Customer”) regarding the use of the platform www.meingaragenverkauf.com (hereinafter referred to as the “Platform”).
1. Scope, definitions
(1) The Provider offers a Platform to organise the private sale of used articles under www.meingaragenverkauf.com.
(2) The foregoing notwithstanding, the Provider’s offer is aimed at both consumers and businesses.
(3) If the Customer is a consumer, however, the Provider’s offer is only aimed at customers who have reached the age of 18 at the time of conclusion of the contract.
(4) The Provider makes the platform available for use in accordance with the following terms and conditions. However, it is the Customer’s responsibility to ensure compliance with all (tax) and legal provisions applicable to them.
2. Right to modification
(1) The Provider is entitled to make changes to these Standard Business Terms upon reasonable advance notice.
(2) The Provider may only exercise this right if the relevant change may be reasonably expected to be accepted by the Customer taking the interests of the Provider into account.
(3) The Provider will notify the Customer of the changes in text form no later than six weeks before they are scheduled to take effect.
(4) If the customer does not agree to the changes, they can object to them. In the notification of the respective change, the Provider will refer to the Customer’s right to object as well as to the fact that the respective change will be deemed to have been approved if the Customer does not object in text form within a period of one month from receipt of notice of the respective change.
3. Subject matter of the contract
(1) The “meinGARAGENVERAUF.COM” module (hereinafter referred to as the “module”)
a) The Provider offers a so-called module via its platform.
b) The module is a blank form which the Customer can use to offer their own items for sale to a target audience of their choice.
c) The module is designed like an online shop site where the Customer can place their own articles.
d) To do so, the Customer must upload photos of the relevant articles and name them, categorise or describe them as necessary and price their articles.
e) Up to 100 items can be offered for sale once per module for a period of one year.
f) Upon completion of the set-up process, a standard e-mail invitation will be sent to the Customer’s e-mail account, which the Customer can edit as necessary and then forward to their own distribution list in order to advertise their articles for sale.
g) If the Customer has completed setting up their module for the first time by requesting the standard e-mail invitation, it is not possible to change or expand articles offered by the Customer at a later point in time.
h) Articles posted by the Customer are not sold via the platform. Sales are made exclusively between the Customer and their buyer. The Provider plays no role in such sales.
i) The Customer is responsible for handling the sale, in particular from a legal standpoint.
j) Articles that have been sold may then be marked as such in the module.
(2) The platform
i. The platform is available to the Customer at least 98% on a monthly average. Non-availability means that the platform is completely unavailable due to circumstances for which the Provider is responsible. Non-availability does not apply if the platform not available due to
• Force majeure;
• Incorrect operation or acts of use contrary to the contract by the Customer; or
• Scheduled maintenance times as specified in Section 3 (2) (a) (ii).
ii. The Provider may temporarily restrict access to the platform in order to perform maintenance work (hereinafter referred to as “scheduled maintenance times”). The Provider shall notify the Customer of scheduled maintenance times at least 7 days in advance. The total duration of scheduled maintenance times may not exceed 8 hours per month.
b) Support hotline, response times
i. Should the platform experience an error or a malfunction, the Customer must inform the Provider immediately, giving a precise description of the circumstances and including all information that may assist troubleshooting (hereinafter referred to as “error and malfunction reports”).
ii. An error means that the platform is not available as specified in these Standard Business Terms, or does not have the functionalities specified in these Standard Business Terms, stops working in an uncontrolled manner or does not perform its functions in any other manner.
iii. The Provider will set up a support contact for the receipt of error and malfunction reports and to answer questions from the Customer in connection with the use of the service (hereinafter referred to collectively as “support requests”). With the exception of public holidays, support can be contacted by e-mail from Monday to Friday between 9:00 and 17:00 (hereinafter referred to as “service times”) using the e-mail address indicated in the Provider’s Imprint.
iv. During service times, the Provider will respond to properly submitted error and malfunction reports from the Customer by providing qualified feedback on the causes of the error and any actions taken or to be taken in order to resolve the error within 72 hours (hereinafter referred to as the “response time”). The response time does not apply to minor errors and malfunctions.
v. The response time only applies during service times. If a support request is received outside of service times, the response time starts from the beginning of the next service time.
4. Contract conclusion
(1) To use the module to the extent described above in Section 3 (1), the Customer must confirm the selection of the module by clicking the button “Buy Now”. The price shown is a gross price including statutory value-added tax.
(2) The Customer can then choose between available payment methods provided by PayPal and KlarnaSofortüberweisung.
(3) Furthermore, the Customer is asked to enter their invoice data and to create a Customer account. Mandatory fields are marked as such.
(4) The Customer is redirected to an order overview page where the Customer can view and check their entries again. Redeeming a voucher is also possible.
(6) After sending the request, the Customer will receive a confirmation of receipt by e-mail in which the Customer and contract data as well as these Standard Business Terms are listed again and which the Customer can print out using the “Print” function or save using the “Save” function. At the same time, use of the module is activated for the Customer whereby the Provider accepts the request from the Customer to conclude a contract for the use of the module.
(7) The text of this contract is saved by the Provider. For purposes of contract conclusion, only German is available.
5. Cancellation right
(1) If the Customer is a consumer according to section 13 German Civil Code (BGB), they are entitled to the following cancellation right.
(2) For purposes of section 13 BGB, a consumer is any natural person who enters into a legal transaction for purposes that can be primarily attributed neither to their commercial nor to their independent professional activity.
(3) Cancellation Policy
You have the right to cancel this contract within fourteen days without a need to specify the grounds. The cancellation period is fourteen days from the date on which the contract was concluded.
To exercise your right of cancellation, you must notify
Tel.: +49 174 7844448
that you have decided to cancel the contract by means of a clear declaration (e.g. a letter sent by post, e-mail or fax). You may use the attached sample cancellation form, but this is not required.
In order to comply with the cancellation period, it is sufficient that you send notice of your exercise of the right of cancellation before the expiry of the cancellation period.
Consequences of cancellation
If you choose to cancel this contract, we will refund all payments we have received from you without delay, including shipping costs (except for additional costs arising in the event you have selected a method of shipping different from the most cost-effective standard delivery offered by us), no later than fourteen days from the date on which we have received your notice of cancellation. Unless otherwise explicitly agreed with you, the refund will be issued via the same payment method which you provided for the original transaction; under no circumstances will you be charged fees for processing this refund.
Lapse of the cancellation right
The cancellation right related to a contract lapses if we have commenced performance of the contract after you
- Have expressly consented to having us commence performance of the contract before the expiry of the cancellation period and
- Have confirmed that your are aware that you will lose you cancellation right once we have commenced performance of the contract with your consent.
6. Rights and obligations of the Customer
(1) Upon conclusion of the contract, the Provider grants the Customer a simple (non-exclusive), non-sublicensable, non-transferable right to use the platform for 1 year, limited to the one-time use of the module, in accordance with the following provisions.
(2) Any use going beyond the intended use of the platform, in particular sharing access with third parties, and processing, are prohibited.
(3) The Customer is responsible for ensuring that the Customer may use the platform as intended, in particular providing the telecommunications connection between the Customer and the Provider.
(4) The Customer is obliged to configure their systems and programs (e.g. sufficient protection against computer viruses, in particular their distribution) in such a way that neither the security, integrity nor availability of the systems used by the Provider to provide the services are impaired.
(5) The Customer shall regularly back up data maintained and managed with the platform on their own systems in a machine-readable format that is appropriate to the significance of the data, so that data can be recovered in the event of any loss during use of the platform.
(6) The Customer must inform the Provider immediately of any identifiable faults in the platform and provide assistance to the Provider in rectifying the fault to a reasonable extent.
(7) The Customer may not use the platform for purposes that are unlawful or violate official regulations or conditions. In particular, the Customer is prohibited from selling articles that are pornographic, glorify violence, or contain racist or left- or right-wing radical content. In addition, the Customer must ensure that contact via their distribution list by means of e-mail is permissible under data protection and competition law.
(8) If the Customer adds or uploads their own content, they must assure that they are entitled to transfer and use such content, that they have all necessary rights of use to the content and that they are entitled to grant the Provider the rights of use required for the provision of the service.
(9) Furthermore, the Customer warrants that all content is free of third-party rights and that no third-party rights are infringed by use of the content.
(10) The Customer hereby indemnifies and holds the Provider harmless from all claims that third parties assert against the Provider due to a violation of their rights related to content added or uploaded by the Customer.
(11) In the event of a significant breach of the aforementioned obligations, the Provider is entitled to block access to the platform and thus to the module.
7. Warranty and liability
(1) In all cases of contractual and non-contractual liability, the Provider is liable to the Customer in cases of intent and gross negligence for damages or reimbursement of futile expenses in accordance with applicable statutory provisions.
(2) In all other cases, the Provider is only be liable - unless otherwise stipulated in Section 7 (3) - in the event of a breach of a contractual obligation, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the Customer may regularly rely (so-called cardinal obligation), such liability limited to compensation for foreseeable damages that are typical to the contract. In all other cases, liability is excluded subject to the provisions of Section 7 (3).
(3) The foregoing limitations and exclusions of liability are without prejudice to liability on the part of the Provider for damages resulting from injury to life, limb or health or under the Product Liability Act.
8. Final provisions
(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. This is without prejudice to legal provisions for the restriction of the choice of law and for the applicability of non-waiverable laws and regulations, in particular of the state in which the Customer who is a consumer has their habitual residence.
(2) If the Customer is a merchant, a legal entity under public law or a special fund under public law, or if they have no general place of jurisdiction in the Federal Republic of Germany, the place of jurisdiction for any disputes arising from the business relationship between the Provider and the Customer shall be location of the registered office of the Provider. This is without prejudice to mandatory statutory provisions on exclusive jurisdiction.
(3) If any provision of this contract is or should become invalid, the validity of the remaining provisions shall not be affected. Any such invalid provision shall be replaced by a provision that comes as close as is legally possible to the intent of parties. The same applies in the event of a loophole.
9. Online Dispute Resolution pursuant to Article 14 (1) ODR Regulation
The European Commision provides a platform for online dispute resolution at: ec.europa.eu/consumers/odr/
We are not obligated nor willing to participate in a dispute resolution procedure before a consumer dispute resolution body.