Terms and Conditions of usedclothesgermany.com Directory
The following terms and conditions govern the relationship between usedclothesgermany.com for its product Second Hand Directory and its customers. The service of usedclothesgermany.com is aimed exclusively at commercial customers. Differing regulations and general terms and conditions of the customer, which are in conflict with these terms and conditions of usedclothesgermany.com, are only valid if usedclothesgermany.com agrees in writing. usedclothesgermany.com is entitled at any time to change or supplement the terms and conditions and in this case makes the changed terms and conditions available to its customers. The customers have a right of objection regarding the changed terms and conditions, which they can express within four weeks, after which they have been made accessible, the changed terms and conditions towards usedclothesgermany.com. usedclothesgermany.com is entitled, after exercise of the right of objection of a customer, to terminate the services and to refuse a continuation or extension of the contract. If the customer does not contradict the changed terms within the four-week period, they become part of the contract. With the registration, order and / or invoice settlement at usedclothesgermany.com, the customer agrees to these terms and conditions.
1. validity of the general terms and conditions
These terms and conditions apply exclusively to all contracts and services of usedclothesgermany.com.
2. business purpose/services
Customers of usedclothesgermany.com can access links and addresses of the directories offered by usedclothesgermany.com online after conclusion of the contract and in compliance with these GTC and the legal provisions. Customers can only use the service for the duration of their company's useful life. Different user profiles contain either a different useful life and/or access to different data. The directory makes it possible for the customers to find companies and potential suppliers from their business field faster or only at all in the Internet to receive or direct entrance to contact contacts of companies. usedclothesgermany.com places the customer a unique fee for use in calculation which orients itself at the period of use and contents of the directory.
3. conclusion of contract
3.1 The usedclothesgermany.com directory is intended exclusively for commercial customers.
3.2 The contract between usedclothesgermany.com with its service and the customer comes into effect when the customer has purchased and paid for the service offered via an input mask and a checkout service (Paypal). The customer is solely responsible for the correctness of his information. With the purchase of the service the customer becomes a member on usedclothesgermany.com and gets access to a member account created for him. The customer only has access to the service if he is logged in as a member and with the correct member name and password combination. As a member he can renew or extend his membership status (level) upon expiration. usedclothesgermany.com reserves the right to refuse a registration or a purchase request without giving reasons. If the customer cancels the payment usedclothesgermany.com reserves itself to delete the account of the customer on usedclothesgermany.com irrevocably.
4. Duration of contract and termination
4.1 The contract begins with the conclusion of the contract and expires at the end of the useful life.
4.2 The contract is not automatically renewed.
4.3 The right to terminate without notice remains unaffected. An important reason is in particular if
a) usedclothesgermany.com ceases its activities
b) a contractual partner violates legal prohibitions
c) there is a fundamental change in the legal and technical standards on the Internet which makes it unreasonable for usedclothesgermany.com to continue providing the services.
4.4 At the end of the contract usedclothesgermany.com will block or delete the customer's data on their server at the discretion of usedclothesgermany.com as soon as they are no longer required for the contract processing. The customer will only be informed about this upon written request. The request must be made in writing by e-amil or by post. The addresses in the imprint apply.
4.5. usedclothesgermany.com is entitled to block access to usedclothesgermany.com's services until the final clarification of the underlying event and to delete it, if necessary, for those customers who have become conspicuous by actions which could damage the reputation and reputation of usedclothesgermany.com, which violate these GTC or legal regulations, which have used the wrong registration data or which have abused the services of usedclothesgermany.com. In this case the customer is not entitled to continue using the online service of usedclothesgermany.com.
5.1 All contents, addresses and databases of the online service are subject to the copyright of usedclothesgermany.com.
5.2 The layout and these terms and conditions may only be reproduced and/or used on another website with the prior written consent of usedclothesgermany.com. The sale of usedclothesgermany.com services to third parties is expressly prohibited by usedclothesgermany.com. In case of infringements usedclothesgermany.com will defend itself with all legally required and possible means.
6. Data protection
The customer is informed that usedclothesgermany.com collects, processes and uses personal data in accordance with the legal provisions applicable in each case, insofar as this is necessary for the establishment of the contractual relationship, the proper provision of the service as well as invoicing or otherwise permitted by law. The information on the type, scope and purpose of the collection, processing and use of personal data required for the execution of this contract by usedclothesgermany.com is available to the customer at any time upon written request. Further information on data protection !
7 Further Obligations and Liability of the Customer
7.1. Customer has an exclusive responsibility to use the online service, its links, and its addresses in accordance with all national, international, and local laws, rules and regulations. In particular, he undertakes not to disseminate content that violates applicable youth protection regulations, criminal law or morality by accepting these GTC, usedclothesgermany.com and its addresses. He is responsible for all operations carried out under his name.
7.2. The customer undertakes not to use the addresses of usedclothesgermany.com for "spam purposes" and to observe the applicable legal provisions regarding the use of telephone, fax and e-mail when using the directory of usedclothesgermany.com.
7.3. The customer indemnifies usedclothesgermany.com internally and externally from any claims of third parties when using the address material of usedclothesgermany.com.
7.4. All addresses of the online service of usedclothesgermany.com may only be used or used directly by companies specified at the time of registration. The transfer, the resale or the subletting of these addresses to third parties, even within their own company or company group, is strictly prohibited, as well as a sharing of the addresses by third parties is not allowed. It is not permitted to attach to the own advertising broadcast foreign advertising material, also any linking within own advertising on homepages and / or products etc. of other companies or third parties, also within the own company or company group is forbidden. Compliance with this agreement may be reviewed by usedclothesgermany.com.
7.5. The links, addresses or extracts of the addresses from the directory may not be published without the express written consent of usedclothesgermany.com. Any publication e.g. on websites on the Internet, in search engines etc. is expressly prohibited. For the publication of the addresses a separate written agreement with usedclothesgermany.com is required.
8. Liability for the directory
The links and addresses are determined by usedclothesgermany.com itself or usedclothesgermany.com from third parties. The data of the directory are exclusively published by the respective companies themselves and freely accessible data. However, usedclothesgermany.com does not guarantee the correctness and completeness of the links and addresses. Undeliverable addresses or useless expenses are not reimbursed. A claim for compensation for postage, brochures, shipping costs and the like, as well as reimbursement of the annual user fee does not exist. For the contents of the links in the directory to third-party websites, only their operators are responsible.
9. Contractual penalty for use in breach of contract or use after the end of the contract
All addresses and additional information provided, such as telephone and fax numbers as well as e-mail addresses, etc., may only be used in compliance with the conditions under points 7.4. and 7.5. of these General Terms and Conditions. In case of intentional or negligent infringements the customer is obliged to pay a contractual penalty of 10,000.00 EUR to usedclothesgermany.com for each case of infringement, subject to further claims for damages. It does not matter how many addresses or additional information of the addresses were misused; the submission of an abusively used control address or abusively used additional information of a control address is sufficient to prove the violation.
10. Final clauses
10.1 Unless otherwise provided by law, the place of jurisdiction shall be Zwickau.
10.2 All declarations on the part of usedclothesgermany.com can be provided to the customer electronically; this also applies to invoices within the scope of the contractual relationship.
10.3 All agreements which deviate from these GTC and which can be made between the customer and the customer by electronic means must be made in writing.
10.4 If any provision of these GTC is or could become invalid, this shall not affect the remaining provisions. The contracting parties are obliged to replace the ineffective provision by a provision that comes as close as possible to the meaning and purpose of the ineffective provision in a legally effective manner. This also applies to possible loopholes.
10.5 Only the German version (AGB
) is legally binding.
Status 2018, May
AGB (TOS in German language)