General terms and conditions
- for the use of the marketplace "www.Gsmconnect24.com" -
- 1. Operator, subject matter, scope of application
1.1. These General Terms and Conditions (hereinafter "GTC") apply to the use of the online marketplace for goods and services operated on the website www.gsmconnect24.com (hereinafter "Platform"), where advertisers can place advertisements and interested parties can view them. The General Terms and Conditions apply both to the placement of advertisements by the advertiser and to the use as an interested party. The platform is operated by MEB Internet GmbH & Co. KG, Bornheimer Str. 20-22, 53111 Bonn, Germany (hereinafter referred to as "we“ or "us").
1.2.1. Advertisements on the platform for sales offers and requests are hereinafter referred to as "Advertisements".
1.2.2. Companies advertising on the Platform are hereinafter referred to as "Advertiser".
1.2.3. Communications, ratings or other content that users communicate on or via the Platform are referred to as "User Contributions".
1.3. The placement of advertisements on the platform is - if and to the extent indicated on the platform - subject to a fee. Any other use of the platform, in particular as an interested party, is free of charge.
1.4. Our offers and services are subject exclusively to these General Terms and Conditions. Any deviating terms and conditions and/or terms and conditions of the user that go beyond these terms and conditions shall not become part of the contract.
- 2. Conclusion of contract, storage of contractual provisions and contractual language for online ordering of advertisements
2.1. If the contract is not concluded by way of individual communication, i.e. in personal presence, by e-mail, fax, post, telephone or similar, but online on our website, the contract is concluded as follows:
2.1.1.Only the order of the service by you is a binding offer to conclude a corresponding contract. To place an order, you go through the ordering process on the website and enter the information requested there. Before sending the order you have the possibility to check all order data again and to correct if necessary. Only with the submitting of the order do you make us a binding offer to conclude a contract.
2.1.2.We can accept your offer within five days by
- sending an order confirmation by post, fax or e-mail, or
- request for payment;
The date of your receipt of our order confirmation or request for payment is decisive for compliance with the deadline.
2.1.3. We store the contractual provisions, i.e. the order data / registration data and the present General Terms and Conditions. You can print out or save the contractual provisions on your part by using the usual functionality of your browser (usually "Print" or "Save"). "File" > "Save as"). The order data/registration data are contained in the overview displayed in the last step of the order/registration.
2.1.4. Contract language is German or English
- 3. User account (registration)
3.1. When registering the user account, correct and complete information must be provided. Data of third parties may not be used without their consent.
3.2. Multiple registration is not permitted.
3.3. You are obliged to enter your access data, e.g. To treat your password confidentially, not to make it accessible to third parties, and to inform us immediately in the event of loss or unauthorised use of your access data.
- 4. Advertising services and prices
4.1. Formats, placements and switching periods for the advertisements as well as, if applicable, special specifications and, if applicable, the respective prices shall be in accordance with our performance description valid at the time of conclusion of the contract or Price list or other pricing for the products concerned.
- 5. Advertisement requirements
5.1. Accuracy and topicality: You must keep your advertisements accurate and up-to-date at all times.
5.2. Hyperlinks: If your ads include hyperlinks, you must ensure the technical availability of the landing page, the legality of the content of the landing page, and the environment in which it appears.
5.3. Compliance with applicable laws: You are responsible for ensuring that your advertisements do not violate any relevant statutory provisions. These include, for example, the prohibition of unfair, misleading or otherwise anti-competitive advertising under the Unfair Competition Act, the Price Indication Ordinance or provisions of criminal law.
5.4. No infringement of third party rights: Your advertisement may not violate the industrial property rights of third parties or the intellectual property rights of third parties, such as e.g. the intellectual property rights of third parties. Name rights, trademark rights (trademarks, registered designs) or copyrights. The advertiser assures us that he can freely dispose of the rights to the contents of his advertisement required for the placement of his advertisement and that there are no opposing third party rights.
5.5. Mandatory imprint: The advertiser is responsible for ensuring that any advertisements he has entered on the platform himself contain an imprint. Sufficient is a clearly visible, as such recognizable and expressively marked (e.g. "Imprint") Link to an imprint of the advertiser available elsewhere. The imprint must satisfy the imprint obligation in the sense of § 5 Telemediengesetz (German Telemedia Act).
- 6. Requirements for user contributions
6.1. Only legitimate user contributions (messages, ratings, etc.) may be communicated on or via the platform. In particular, the user contributions and/or their placement on the platform must not infringe the rights of third parties (e.g. name, trademark, copyright, data protection, personal rights, etc.). The user assures us that he can freely dispose of the necessary rights for the placement of his user contributions on the platform and that no third party rights conflict with this.
6.2. The user contributions, whether in picture or text, must not contain any depictions of violence and must not be sexually offensive. They must not contain any discriminatory, offensive, racist, defamatory or otherwise unlawful or immoral statements or representations
6.3. Ratings given to advertisers must not contain any incorrect factual claims or abusive criticism and must not violate personal rights.
- 7. Blocking of advertisements
7.1. We are permitted to block advertisements immediately if there are indications that this or a target page to which the advertisements are directed or the environment of the target page is illegal or infringes the rights of third parties. For these purposes, it shall be regarded as an indication of illegality or infringement if, among other things, third parties take measures against us or against you of any kind whatsoever and base these measures on allegations of illegality and/or infringement. The interruption of the broadcast is to be cancelled as soon as the suspicion of illegality or infringement has been cleared.
7.2. We will inform you immediately of any blocking of advertisements and request that you remove the allegation within a reasonable period of time. After fruitless expiry of the deadline, we shall be entitled to an immediate right of termination.
- 8. Blocking of user contributions
8.1. We are entitled to block and/or delete user contributions at any time.
- 9. Invoicing by e-mail
9.1. We are entitled to invoice by e-mail.
- 10. Exclusions and limitations of liability
For a liability of us for damages applies:
10.1. In the event of intent and gross negligence, including on the part of our vicarious agents, we shall be liable in accordance with the statutory provisions. The same applies to damage caused by negligence resulting from injury to life, body or health.
10.2. In the event of damage to property and financial loss caused by negligence, we shall only be liable in the event of a breach of a material contractual obligation, but limited in amount to the damage foreseeable and typical of the contract at the time the contract was concluded; material contractual obligations are those whose fulfilment is essential to the proper execution of the contract and on the observance of which the contractual partner may regularly rely.
10.3. In all other respects, any liability on our part, irrespective of its legal basis, is excluded.
10.4. The exclusions and limitations of liability in paragraphs (1) to (3) above shall also apply mutatis mutandis in favour of our vicarious agents.
10.5. Liability for the assumption of a guarantee or under the Product Liability Act shall remain unaffected by the exclusions and limitations of liability set out in paragraphs (1) to (4) above.
- 11. Other
11.1. 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.
11.2. The place of jurisdiction in dealings with merchants, legal entities under public law or special funds under public law shall be the registered office of our company. However, we shall be entitled, at our discretion, to sue at the domicile of the customer.