PorzellanService » AGB - General Standard Terms and Conditions
Preamble
ProzellanService, Marion Stein & Michael Bauer GbR ("PorzellanService") functions as an Internet market place in the field of china and glass. Registered individuals and businessmen ("members") can advertise free of charge offers to sell or to buy ("advertisements") or require the contact data of advertisements (" establishing contact").
From the user's free of charge registration results an agreement between PorzellanService and the user which concerns the utilization of the Web-site and the service of PorzellanService ("utilization agreement") and for which the following conditions are valiant.
This english version of AGB - General Standard Terms and Conditions is a translation, only the german version is justiciable.
For the registration as a member it is necessary to read, to understand and to acknowledge the following conditions and to agree to them in a legally binding way. Each change of these conditions will be announced by PorzellanService in a suitable way.
1.
Only individuals and businessmen that are legally entitled and that are at least 18 years old are allowed register as a member of PorzellanService. A legal claim to a membership does not exist.
2.
The members obligated themselves to be truthful when they register as a member or when they advertise any offers to sell or to buy. The advertisement of service numbers that are not free of charge is not allowed.
3.
For establishing a contact PorzellanService forwards the following data via eMail to both parties: salutation / family name or business name / telephone number(s) and/or fax number / eMail address / country (for contacts abroard). It is not allowed to use these data in advertisements or publications.
4.
A contract for sale or purchase contract will be concluded only between buyer and seller. Buyer and seller settle the handling of the contract for sale or the purchase contract (payment, delivery, warranty, liability) directly between each other. PorzellanService is not involved in transactions between buyers and sellers. PorzellanService is no party of any contract for sale or purchase contract.
5.
The advertisements on the Web-site of PorzellanService are no offers to sell or to buy by PorzellanService themselves. Since PorzellanService is not involved in any transactions through the Web-site, PorzellanService is not responsible for the availability of the goods or the truthfulness of the details advertised on the Web-site.
6.
If wrong statements are deliberately made in an advertisement or if obsolete advertisements are not deleted, PorzellanService is entitled to exclude the member who is responsible for it.
7.
Each member is responsible for his or her advertisements. If any patent rights or protective rights of third parties - of which kind what so ever - will be infringed, PorzellanService is exempted from any liability.
8.
In cases of offence against the law, of violation of accepted moral standards or of this utilization agreement, or pursuant to other reasons, PorzellanService reserves the right to exclude members temporarily or permanently from the participation. PorzellanService is also entitled to refuse advertisements or to delete pictures from the Web-site. Possible claims for compensation remain by this unaffected.
9.
Data which are gathered in connection with this Web-site will be dealt with strictly confidential in accordance with the 'Teledienstedatenschutzgesetz' and the 'Bundesdatenschutzgesetz'. Only data which are necessary for a fast and effective handling of the service will be stored. PorzellanService forwards the following data via eMail to both parties exclusively for establishing contact: salutation / family name or business name / telephone number(s) or fax number / eMail address / country (for contacts abroard).
10.
It is prohibited to pass on Data, such as passwords or cantact data, to third parties which were forwarded by PorzellanService or to misuse them otherwise.
11.
PorzellanService reserves the right to change or supplement the Web-site or the services. Services, hitherto free of charge, may be changed, terminated or charged at any time.
12.
PorzellanService does not guarantee for the availability or the quality of the Web-site and the services.
13.
This agreement can be cancelled by PorzellanService or the member at any time via termination of the membership. Data which were required for establishing contact will be archived until the forwarding is complete. After that the data will be deleted.
14.
These General Standard Terms and Conditions are subject to the law of the Federal Republic of Germany. Place of jurisdiction is the seat of PorzellanService. If one provision of this agreement is or becomes invalid, the other provisions remain hereby unaffected. Instead of the unvalid provision a provision which expresses the economically intended as close as possible counts as agreed. This prevails also if appropriate provisions do not exist.
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