General terms and conditions for UsedMachineParts.de
The following general terms and conditions (hereinafter "GTC") regulate the use of the platform www.gebrauchemaschinenteile.de (hereinafter "platform"). The platform is provided and operated by the platform Pioneers UG (limited liability), Franz-Mayer Straße 1, 93053 Regensburg, Germany, registered in the commercial register of the Regensburg District Court under HRB 18478, (hereinafter referred to as "Platform Pioneers").
Platform Pioneers enables access and use of the platform exclusively on the basis of the following terms and conditions.
1. Area of application, authorized users
(1) These terms and conditions regulate the relationship between the platform pioneers and the authorized users of the platform (hereinafter referred to as "users").
(2) The registration and the placing of advertisements are reserved exclusively for entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB). Consumers are not allowed to post ads on the platform.
(3) The usage relationship includes all content, functions, tools and other services (hereinafter “services”) of the platform.
(4) The terms and conditions expressly do not apply to the contractual relationships between the registered user and the respective interested party. As the provider and operator of the platform, Platform Pioneers is neither a contracting party nor an agent for such contractual relationships, but only provides the services for using the platform.
2. Subject matter and scope of the license agreement
(1) The use of the information provided on the platform and the use of the simple search function in the public area of the platform are free of charge. The use of the advertisement function and the associated services is subject to a charge.
(2) As the operator, Platform Pioneers only provides a platform and thus a technical device for the users
enable communication about the products advertised on the platform. Platform pioneers is completed on the platform
Contracts and therefore assumes no liability for the contracts concluded via the platform or the content posted by the users.
(3) Platform Pioniere reserves the right to prepare the data of the advertisements given by the users and also on other platforms on the Internet
to publish, such as product comparison databases and the like. For this purpose, parts of the advertisements may be automatically translated into English, provided that the user does not provide any English-language information during the advertisement.
3. Changes to the object of use
(1) Platform Pioneers reserves the right, at its own discretion, at any time and without notice to use the platform or the one below it
to change the services provided or to change these terms and conditions, including prices and conditions.
(2) In the event of a change to the terms and conditions, the new version of the terms and conditions will be published on the platform at least one month before they come into force
published and Platform Pioneers will inform the registered users at least 1 month before the changes come into effect in writing about the scope of the
Inform changes and point out the possibility of objection. Unless the registered user has received the
Notification of the change contradicts, this will be interpreted as approval of the changes.
(3) The present General Terms and Conditions replace any previous versions and conditions for regulating the usage relationship of the platform.
4. Registration, personal account "My Account"
(1) The information provided on the platform and the search function in the public area can be used without registration. The use of the advertisement function and the associated services are only possible after prior registration.
(2) In order to register, the user gives their email address as well as a user name of their own choosing and a secure password. With his registration, the user confirms that he is a dealer, manufacturer, importer or other entrepreneur within the meaning of § 14 BGB.
(3) Platform Pioneers confirms the registration to the email address given by the user. The registration has been successfully completed,
as soon as the user has confirmed the link contained in the confirmation email and redirected it back to the platform.
(4) Only one registration is permitted per user. The user is obliged to work exclusively with the user ID assigned to him.
(5) Passing on the user ID to unauthorized persons is not permitted. The user has to keep his user ID secret and is responsible for it
Make sure that your user ID is adequately protected against access by unauthorized third parties. If the user becomes aware of access by unauthorized third parties or if his user ID is misused, he must inform Platform Pioneers of this immediately. The user is legally liable
responsible for all actions carried out improperly under his user ID, provided that he has at least negligently enabled access.
(6) After successfully registering on the platform, the user is obliged to provide further information on the company, address, contact details, etc., without which an advertisement is not permitted and is technically not possible.
(7) The information provided during registration can be accessed by the user at any time after logging in in his personal account "My Account"
5. Use of the advertisement function
5.1 Creating and publishing advertisements
(1) The registered user can use the associated services for placing advertisements as part of the respective service package
(2) All offers must be placed in the appropriate category. The multiple posting of an offer at the same time in
different advertisements is prohibited. The advertisements may not contain any advertising for offers outside of the offer contained in the advertisement.
(3) The registered user is responsible for ensuring that the advertisements posted by him do not violate legal requirements.
It is forbidden to post advertisements that violate applicable law, these terms and conditions, the rights of third parties - in particular trademarks and copyrights - or morality, or their distribution due to legal regulations (including safety requirements, export control regulations,
Competition law etc.) is restricted or prohibited.
(4) Registered users may only offer products of which they are the sole owner or which they may dispose of with the consent of the owner. All offers must be correctly and completely described with words and pictures. All essential properties and features relevant to the decision of the interested party, the price and any defects that reduce the value of the products offered are to be stated truthfully. Platform Pioneers assumes no liability for the topicality, completeness or quality of the information provided by the users.
(5) Only those products may be offered that meet the legal or regulatory requirements in terms of technology
are in perfect condition, their maintenance and the inspections and checks recommended by the manufacturer have been carried out without remaining defects and their safety equipment is, to the knowledge of the user, in perfect condition. Furthermore, all safety elements and equipment that are mandatory at the seat of the interested party must be available. If parts do not meet the requirements of this paragraph 5, this must be explicitly and separately stated in the respective notification.
(6) When placing advertisements with a picture, the user ensures that he only uses such picture material for which he is the sole legal owner or for which the rights holder has given his consent. The user is obliged to only use original photos. The use of placeholders or the specification of company logos instead of part photos is not permitted. The use of catalog photos for which the copyright belongs to a third party is also not permitted.
(7) It is forbidden to manipulate the platform's search function, in particular by improperly inserting brand names that are not part of the product and / or other search terms.
(8) All prices in the advertisements are to be quoted in euros and are net plus the applicable sales tax, if this is incurred. The price at the time of the conclusion of the contract is determined exclusively by the contracting parties, as are any costs for additional customs duties, packaging, shipping, etc.
(9) In particular, the user has the provider identification within the meaning of Section 5 of the Telemedia Act (TMG) (so-called imprint) in his ad (s)
to include. This information must be easily recognizable, immediately accessible and constantly available, so that you should include your imprint information directly in your advertisements. Platform Pioneers cannot be held responsible by the user for the consequences of missing an imprint.
(10) During the term of the advertisement, the user must be able to immediately enter into a legally effective contract for the advertised product
or to be able to complete the advertised service and to hand over and deliver the advertised product at the specified availability or delivery time
transfer ownership or provide the advertised service at the specified time. Subject to prior sale.
(11) In the context of the specification of contact data, the specification of phone numbers is inadmissible
Telephone charges arise. The dial-in numbers are always inadmissible: 0190, 0900, etc.
(12) The user undertakes to delete his offer from the database without delay if the advertised machine
is no longer offered.
5.2 Conclusion of a contract based on an advertisement
(1) The conclusion of a contract between the user and the interested party following an advertisement takes place directly between the user and the interested party without the involvement of Platform Pioneers. Platform Pioneers is not involved in the legal transactions concluded via the platform. Platform Pioniere accepts no liability for disruptions in performance of the contract between the contracting parties.
(2) The placement of an advertisement by a registered user is deemed to be an invitation to submit an offer. The user does not yet undertake to sell / rent the respective item or to provide the service offered. As long as a contract has not yet been concluded,
the user can delete the posted advertisement at any time or otherwise dispose of the product or service.
6. Deletion of advertisements, user blocking
(1) Platform Pioneers reserves the right to take measures against advertisements that contradict the requirements of Paragraph 5.1. However, Platform Pioneers is not obliged to check the adverts without cause and does not accept any liability for the legality, correctness of content or completeness of the adverts.
(2) In the event of a violation of legal regulations, third party rights or these terms and conditions, the platform is pioneers in particular for
- deletion of advertisements,
- Temporary or complete blocking of users,
- Termination of the user relationship
(3) Platform Pioneers can continue to take the measures described under 6 (2) if this is in the legitimate interests of Platform Pioneers. This can be the case in particular in the event of default in payment and non-consideration of warnings.
(4) If an advertisement is deleted, the user remains obliged to pay for the respective service package.
(5) In the event of default in payment, Platform Pioneers is entitled to withhold its own performance and to block the advertisement of the user concerned.
(6) Platform Pioniere can permanently delete users if there are indications from 6 (1) or any other important reason.
7. Duration and termination of the service packages
(1) The user can advertise online on the platform by selecting the relevant advertising package or subscription and designing an advert with the details requested via the settings mask.
(2) Upon completion of the ordering process by clicking on the "On account" button, the user submits a legally binding offer to conclude a contract for the selected service package under the conditions selected by him. The purchase is confirmed within 24 hours with an order confirmation and an invoice from the Pioneers platform.
(3) The contractual relationship begins on the day the selected service package is activated.
(4) If changes are made to the booked service packages within the framework of an existing contractual relationship, the day of the change in the contractual service is decisive for the calculation of the end of the contract (see 7 para. 3). This does not apply if not the basis of the contract as a whole but only options for individual advertisements are changed.
(5) The respectively agreed term ends at the end of the day of the last week or the last month, which results from the start of the contract and the term.
(6) The contractual relationship between the Pioniere platform and the user regarding the respective service package booked is automatically extended by the agreed contract period for advertising subscriptions, unless, depending on the extension that has taken place, one of the contracting parties gives two weeks' notice to the respective contract End of contract terminated properly and in writing.
(7) Individual advertisements from individual advertisement packages do not have to be canceled. Individual advertisements expire automatically after 365 days at the latest if they have not already been deleted by the user after a successful sale. Users can extend their advertisement for a fee at the earliest two weeks before the end of the 365-day period. The extension can be requested in writing from customer service.
8. Prices and terms of payment
(1) The prices for the use of the services booked according to the respective service package result from the current prices for the service packages. All prices are quoted plus the applicable sales tax, if such is applicable.
(2) Billing takes place via electronic invoicing. The electronic invoice is sent to the mailbox of the user's personal account. Receipt of the invoice is not a prerequisite for the agreed remuneration to be due.
(3) Advertising packages can currently only be purchased by invoice. Advertisement subscriptions that trigger a recurring due date, on the other hand, are processed using a SEPA direct debit procedure. The documents required for this are sent electronically to the users after the order has been placed.
(4) Only users domiciled in the single euro payment area (SEPA countries) are entitled to participate in the SEPA direct debit scheme. Platform Pioniere will collect the invoice amount due in each case by direct debit. The user authorizes Platform Pioneers to collect the invoice amounts due from the account specified in the mandate issued.
(5) The compensation claim of Platform Pioneers remains in the agreed scope, in particular if the user has booked and
does not make use of the services offered by Platform Pioneers or his interest in maintaining an advertisement until the end of the contract period (e.g. through the early sale of the advertised product) lapses.
(6) The user is in default if he has not performed within 10 days of the due date. If the user is in default of payment, interest is to be paid on the claim during the default in the amount of 9% points above the base rate. Platform Pioneers reserves the right to prove higher damage caused by default and to assert this against the user.
9. Availability of the platform
(1) Platform Pioneers reserves the right to temporarily restrict access to the platform. This applies in particular if technical measures require this or if maintenance work is carried out on the server (s). Platform Pioneers also reserves one restriction
access to the platform if this is necessary with regard to security or the capacity limit of the technology.
(2) For technical reasons (system failures) in particular, it may only be possible to use the platform to a limited extent or not at all at times.
(1) Platform Pioniere, as the operator, only provides a platform and thus the technical device to enable communication between users. The respective provider is solely responsible for the content of the advertisements.
(2) Platform Pioniere therefore assumes no liability for disruptions in performance with regard to the contractual relationship between users
or any damage caused to the contractual items. Platform Pioneers is also not liable for the solvency of the respective parties
Contractual partner. Platform pioneers do not verify their identity.
(3) Liability for the consequences of limited availability of the platform and any resulting effects on the conclusion of the contract is also excluded.
(4) Platform Pioneers accepts no liability for the content, correctness and completeness of the advertisements on the platform. Platform Pioneers excludes any guarantee or liability that the advertisements on the platform comply with the relevant statutory provisions.
(5) Platform Pioniere also excludes any warranty and liability that may result from the fact that sales contracts are unenforceable under the national law of a country affected or that in any other way lead to legal or economic disadvantages for one or both parties to the sales contract.
(6) The users of the platform have no right to the receipt and processing of complaints against other users or to
Mediation, arbitration or advice in disputes or fraud between them.
(7) In addition, Platform Pioniere is fully liable in the event of willful intent or gross negligence for all damage caused by it or its legal representatives or vicarious agents.
(8) In the event of slight negligence, Plattform Pioniere has unlimited liability in the event of injury to life, limb or health, in the event of malice or assumption of a guarantee.
(9) As for the rest, Platform Pioneers is only liable if an essential contractual obligation has been violated. In these cases the liability is limited to the replacement of the foreseeable, contract-typical damage.
(10) Liability under the Product Liability Act remains unaffected.
(11) Unless otherwise regulated above, liability is excluded.
11. Infringement of the rights of third parties, exemption
(1) The user exempts Platform Pioneers from all claims that other users or other third parties may assert against Platform Pioneers due to infringement of their rights through offers and content posted by the user. The user has to assume all costs of the necessary legal defense of Platform Pioneers including all court and legal costs.
(2) The user undertakes platform pioneers immediately, truthfully and in the event of a claim by third parties
to provide all information in full that is necessary for the examination of the claims and a legal defense.
12. User Obligations
(1) When using the platform, users are pioneers in terms of applicable law, good morals and the regulations that the platform supports
Proper use of the platform sets up bound. Since the platform can generally be accessed worldwide, the statutory ones are also available depending on the case
Observe requirements in other legal systems.
(2) Any activities aimed at rendering the platform of Platform Pioneers or access to the same inoperable or making their use more difficult are prohibited.
(3) The user ensures appropriate security devices and virus scanners to adequately protect his own IT infrastructure against viruses, Trojans or other malware. Although Platform Pioneers takes appropriate measures when operating the platform, no guarantee can be given that the platform will operate under the exclusion of harmful elements.
(4) The user must keep the information in his personal account up-to-date at all times, in particular to include changes to contact and inventory data (company, address, VAT ID) or new features and changes in the inventory of advertisements.
(5) The use by the users in the context of the conclusion of the contract or its initiation of known contact data for purposes other than the implementation of the contract is prohibited.
(6) Users are prohibited from using harmful technologies that may damage or annoy the platform, users or third parties
to use, or to cause an excessive load on the platform or to publish content that may impair the integrity,
Stability or availability of the platform lead or can lead.
(7) Violations of these obligations entitle Platform Pioneers to initiate measures in accordance with Section 6
justified. Further legal claims by Platform Pioneers, especially those of a civil and criminal nature, remain from them
13. Copyrights and Rights of Use
All data, information, company logos, texts, programs and images on the platform are subject to copyright. The user can
freely dispose of their own data and information on their advertisement.
14. Granting of usage rights
(1) The users clear platform pioneers as the operator of the platform by placing / uploading advertisements via the input form
a non-exclusive, temporally, spatially and content-unrestricted right to use the posted / uploaded advertisements (including the
photos and texts used) within the scope of the current and future offer of the online platform, also with the aim of commercial marketing, to use and exploit. The granting of rights includes in particular the possibility of integrating and using the content within paid and free online services and websites as well as within the freely accessible Internet. In particular, the user grants the following non-exclusive, temporally and territorially unlimited usage rights:
(a) The right to reproduce, make publicly available and disseminate, ie the right to reproduce the content indefinitely and make it publicly accessible, taking into account all technical possibilities, in particular through the digital integration within the framework of the website
to make or to reproduce publicly;
(b) the right to edit, ie the right to content in accordance with moral rights, either yourself or through third parties, as you like
to redesign and edit, in particular to provide a watermark for the purpose of integration into the website, to translate the content or to adapt the format to the website.
(2) With the input of content, users also grant Platform Pioneers the right to edit the entered content and save it in the
Publish the Internet on other platforms, such as in product comparison databases.
(3) The users grant platform pioneers the right to report violations of the law by third parties to the person posted /
to track uploaded advertisements in their own name. In addition, the user assigns all claims for damages to the platform pioneers
Users vis-à-vis third parties arise from the fact that advertisements placed / uploaded on the platform can be demonstrably taken over directly from www.gebrauchemaschinenteile.com and used elsewhere on the Internet without the consent of the user and / or platform pioneers.
(4) The user affirms that he is the owner of the transferred rights and that he is able to effectively exercise the above-mentioned rights
to admit. The user also assures that the works are free of third party rights that could conflict with the contractual granting of rights.
15. Written form, severability clause, place of jurisdiction, place of performance, choice of law
(1) There are no verbal side agreements to this contract. Changes or additions to the contract are only effective if they
to be agreed in writing.
(2) Should a provision of this contract not be effective, this does not affect the legal validity of the rest of the contract.
(3) The exclusive place of jurisdiction for all disputes arising from and in connection with legal relationships between the operator and user and their processing and in particular from and in connection with these GTC is Regensburg, Bavaria, Federal Republic
(4) German law applies to the exclusion of international private law and to the exclusion of the UN Sales Convention (CISG).
As of April 15, 2021