Terms and conditions of use for Elektronik Billiger

 

1. Scope of application, definitions

 

1.1 These terms of conditionsapply to the use of the Elektronik Billiger UG haftungsbeschränkt , Kösliner Weg 13, 22850 Norderstedt, Germany  (subsequently „Supplier“) provided online portal with the designation „Elektronik Billiger“ (subsequently„Elektronik Billiger“)and the software it contains. The services provided by the operator are specified in more detail under item 4. 

1.2 User in the sense of these Terms of Use is the generic term for registered users and guests. Users can be both consumers and entrepreneurs. 

1.2.1 Registered users have the possibility to take reading access to Elektronik Billiger as well as to use certain technical functions. 

1.2.2 Guests are users who have read access to parts of Elektronik Billiger that do not require registration and who can use certain functions at Elektronik Billiger that do not require registration. 

1.2.3 A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. 

1.2.4 An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity. 

1.2.5 Suppliers are registered users who as entrepreneurs offer goods and/or services via Elektronik Billiger.

1.2.6 Customers are registered users who, as consumers or entrepreneurs, purchase or commission goods and/or services via Elektronik Billiger..

 

2. Authorization of use

 

2.1 Authorized users are natural persons, legal entities and partnerships. Natural persons who do not have unlimited legal capacity (especially minors) may only use Elektronik Billiger with the consent of their legal representative. The Operator reserves the right to make the use of Elektronik Billiger dependent on the submission of a written declaration of consent by the legal representative in this case. By submitting his declaration of consent to these terms of use, the user confirms that he meets the aforementioned requirements when concluding the contract of use. Translated with www.DeepL.com/Translator (free version)
2.2 The registration of a legal entity or a partnership may be made only by a natural person authorized to represent it, who must be named.
2.3 Each user may only set up one user account for Elektronik Billiger. His authorization to use Elektronik Billiger applies only to him personally and is not transferable.

 

3.Registration,conclusion of contract

 

3.1 With the successful registration or in the context of the reading access as a guest a contract of use between the operator and the user comes about over the use of Elektronik Billiger under validity of these terms of use.
3.2 For registration, the user can log in after entering his data in the online form provided for this purpose by clicking the button that concludes the registration process. Sending the registration data represents the User's offer to conclude the usage contract, which the Operator can accept, but does not have to. The operator can accept the offer of the user within five days after receipt of the application by an electronically transmitted order confirmation or by activation of the user account. Translated with www.DeepL.com/Translator (free version). If the Operator does not accept the User's offer of a contract within the aforementioned period, this shall be deemed to be a rejection of the offer.
3.3 The text of the contract is stored by the operator, but can no longer be retrieved by the user after submitting his contractual declaration via the operator's website.
3.4 Before submitting his contractual declaration, the user can continuously correct his entries using the usual keyboard and mouse functions.
3.5 The following languages are available for the conclusion of the contract:

  • Deutsch
  • Englisch
  • French

3.6 The e-mail address serves to identify and personally mark the user. The user must ensure that the e-mail address he/she provided during online registration is accurate, so that e-mails sent by the operator can be received at this address. In particular, when using SPAM filters, the User must ensure that all mails sent by the Operator or by third parties commissioned by the Operator with the processing can be delivered.
3.7 The data requested during registration must be provided by the user completely and correctly. The user is obliged to keep this data (including e-mail addresses) up to date at all times. As a matter of principle, the operator does not check the transmitted data for correctness and completeness.

 

4. Type and scope of the Operator's service

 

4.1 With Elektronik Billiger, the Operator provides an online portal through which Users can post and/or retrieve User profiles as well as advertisements for the sale of goods and/or the provision of services by means of the software provided by the Operator, as well as contact other Users of the portal.
4.2 The placement of advertisements is only possible for providers as defined in section 1.2.5. The concrete scope of services results from the service description on the website of the Operator.
4.3 Contracts for the goods and/or services displayed on Elektronik Billiger can be concluded directly between the users via Elektronik Billiger. In this respect, the Operator acts merely as an intermediary and does not itself become a contractual partner of the contracts concluded between the Users. The Operator does not accept declarations of intent that are exchanged between the Users and does not vouch for the fact that a contract is actually concluded between the Users.
4.4 For the use of Elektronik Billiger, the Operator enables the User to access his website and provides him with suitable software, which remains on the Operator's server. The functional scope and the technical specifications of the software are described in more detail in the service description on the Operator's website. The Operator shall not be responsible for establishing and maintaining the data connection between the User's IT system and the Operator's server.
4.5 Elektronik Billiger is offered subject to availability. An availability of 100 percent cannot be realized technically and therefore cannot be guaranteed to the User by the Operator. However, the Operator shall endeavor to keep the service available as constantly as possible. In particular, maintenance, security or capacity issues, as well as events beyond the control of the Operator (disruptions of public communication networks, power outages, etc.), may lead to disruptions or temporary shutdown of the service. As far as possible, the Operator shall carry out maintenance work during periods of low usage.
4.6 The software for the operation of Elektronik Billiger shall be updated by the Operator at irregular intervals. Accordingly, the User shall only receive a right to use the software in its current version. On the other hand, the User shall have no claim to bring about a certain state of the software.

5. Changes to performance

5.1 The operator reserves the right to change the offered services or to offer different services, unless this is not reasonable for the user.
5.2 Furthermore, the operator reserves the right to change the services offered or to offer different services,

  • to the extent that it is obliged to do so due to a change in the legal situation;
  • insofar as he thereby complies with a court judgment or an authority decision directed against him;
  • insofar as the respective change is necessary to close existing security gaps;
  • if the change is merely beneficial to the user; or
  • if the change is of a purely technical or procedural nature with no significant impact on the user.

5.3 Changes with only an insignificant influence on the functions of Elektronik Billiger shall not constitute changes in performance within the meaning of this clause. This applies in particular to changes of a purely graphical nature and the mere change of the arrangement of functions.

 

6. Duties of the user, responsibility for content

 

6.1 Each user is solely responsible for the content of the information he posts on Elektronik Billiger, in particular for its truthfulness and legal harmlessness. The user assures that the data provided by him is true. The user shall ensure that the content posted by him/her does not violate these Terms of Use or applicable law.
6.1.1 Prohibited in particular is the publication

  • copyrighted content if there is no authorization to use it (e.g. photos that the photographer and/or a person depicted has not consented to being published on the Internet);
  • false statements of fact;
  • from posts that aim to personally attack or defame other users;
  • racist, xenophobic, discriminatory or offensive content;
  • Content harmful to minors;
  • Content glorifying violence;
  • Extremist religious content;
  • of links to pages that do not comply with the legal provisions or these Terms of Use.
  • Stolen Goods/Stolen Property;
  • Media harmful to minors;
  • Propaganda articles of banned parties, associations and groups;
  • Weapons;
  • Articles of anti-constitutional organizations;
  • Counterfeit, imitation branded products;
  • Items produced by child labor;
  • Pork and meat without recognized "Halal certification";
  • Alcoholic Drinks;
  • Pornographic items.

 

6.1.2 Furthermore, the following goods in particular may not be offered at Elektronik Billiger.

6.2 Users are generally liable for all activities carried out using their access, insofar as they are responsible for this. The user is responsible for maintaining the confidentiality of the access data. He must ensure that they are not accessible to third parties. The user has to inform the operator immediately if there are indications that his access is or was used unauthorized by third parties.

6.3 The operator expressly points out that entrepreneurs have to observe special information obligations, such as the obligation to inform about an existing right of revocation, when concluding contracts with consumers in electronic commerce against payment. The provider itself is responsible for compliance with these information obligations. The operator will neither advise the provider in this respect nor will it provide him with corresponding pre-formulated texts. The operator recommends that the provider seek individual legal advice if necessary. If the provider uses his own general terms and conditions for his offers at Elektronik Billiger, these must not contradict these terms of use.

 

7. Rights of the operator

 

7.1 The operator is authorized to receive payments from customers, which they make to fulfill their contractual obligations from purchase contracts concluded with suppliers via Elektronik Billiger, on behalf of the respective supplier and to manage these payments in trust. The supplier grants the operator the necessary power of attorney to receive payments. In this respect, the customer can pay the operator with debt-discharging effect. The Operator shall offset such payments against any existing payment claims against the Provider pursuant to Section 11.2 and pay the Provider the difference within the settlement periods agreed with the Provider.

7.2 If the user violates legal provisions or these terms of use or if the operator has concrete indications of this, the operator is entitled without prior notice and further review to

  • delete related entries of the user,
  • to change entries within the scope of the editing right according to clause 9,
  • to issue a warning,
  • block the user's access temporarily or permanently, or
  • take other necessary and appropriate measures.

Which measure the operator takes depends on the individual case and is at the operator's reasonable discretion.

 

7.3 If a user is blocked, he/she may no longer use Elektronik Billiger and may not register again.

7.4 The operator expressly reserves the right to take legal action due to a violation of the user against legal provisions or against these terms of use.
7.5 The operator is authorized to remove offers or content that do not fit the overall message of Elektronik Billiger at its own reasonable discretion. Provided that the user has not committed any breach of duty for which he/she is responsible, the operator will refund any remuneration incurred for the deleted offer.

 

8.Granting of rights of use by the operator

 

8.1 The operator grants the user a simple right, limited to the duration of the user agreement, to use the online portal provided by the operator and the software contained therein within the scope of these terms of use.
8.2 Without the written consent of the Operator, the User is not permitted to make the contents made available to him accessible to third parties. The user shall ensure that he/she does not open up any possibility for third parties to circumvent access to Elektronik Billiger.

8.3 If the user violates the agreement on the rights of use so seriously that the operator cannot reasonably be expected to continue the contractual relationship, taking into account the interests of both parties, the operator may terminate the granting of the rights of use without prior warning and permanently block access to Elektronik Billiger..

8.4 The other statutory and contractual provisions shall remain unaffected.

 

9. Granting of rights of use by the user

 

The operator is entitled to use content and information provided by users for Elektronik Billiger or to have it used by third parties. In addition, the Operator may use profile pictures and profile texts of providers for external presentation on partner websites of Elektronik Billiger and/or in search engines. The user grants the operator free of charge, non-exclusively and limited to the duration of the contract of use, the necessary rights of use, in particular the right to permanent storage and making available to the public, the right of reproduction and publication as well as the right of processing and distribution and assures that he is entitled to this granting of rights of use.

 

10. Conclusion of the contract between users at Elektronik Billiger

 

By placing an advertisement on Elektronik Billiger, the provider does not yet make a binding offer to conclude a contract. This is rather an invitation to the customer to submit an offer. The customer can make his offer by going through the individual steps of the ordering process and concluding it by pressing the final order button. The provider is entitled but not obliged to accept the customer's offer.

 

11. Remuneration

 

11.1 The use of Elektronik Billiger is free of charge for guests as defined in section 1.2.2 and for customers as defined in section 1.2.6.

11.2 Suppliers within the meaning of clause 1.2.5 shall pay the Operator a commission of 8.5% of the respective purchase price (without taking into account any additionally charged shipping costs) for each transaction successfully completed via Elektronik Billiger. A sales transaction is considered to have been successfully completed if the purchase price has been paid in full by the customer and the customer has not effectively revoked his contractual declaration on the basis of a statutory right of revocation. The Provider shall receive an invoice from the Operator for the amount of the remuneration in each case.

 

12. Indemnification

 

The User shall indemnify the Operator against all claims asserted by other Users or other third parties against the Operator for infringement of their rights due to content posted by the User or due to the User's other use of Elektronik Billiger. In this regard, the User shall bear the costs of the necessary legal defense, including all court and attorney's fees in an appropriate amount. This shall not apply if the user is not responsible for the infringement. In the event of a claim by a third party, the user is obligated to provide the operator immediately, truthfully and completely with all information necessary for the examination of the claims and a defense.

 

13. Operator liability

 

The operator is liable to the user from all contractual, quasi-contractual and legal, including tortious claims for damages and reimbursement of expenses as follows:

13.1 The operator is liable for any legal reason without limitation

  • in the event of intent or gross negligence,
  • in the event of intentional or negligent injury to life, limb or health,
  • on the basis of a warranty promise, unless otherwise regulated in this respect,
  • on the basis of mandatory liability, such as under the Product Liability Act.

 

13.2 If the operator negligently violates an essential contractual obligation, the liability is limited to the foreseeable damage typical for the contract, unless liability is unlimited according to the above paragraph. Material contractual obligations are obligations which the contract imposes on the operator according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the compliance with which the user may regularly rely.
13.3 Otherwise, any liability of the operator is excluded.

13.4 The foregoing liability provisions shall also apply with regard to the liability of the Operator for its vicarious agents and legal representatives.

 

14. Term, Cancellation

 

14.1 With guests in the sense of section 1.2.2 as well as with customers in the sense of section 1.2.6, the contract of use is concluded for an indefinite period of time and may be terminated by either party at any time without notice.

14.2 With providers as defined in section 1.2.5, the usage agreement is concluded for an indefinite period of time and can be terminated by the provider at any time without observing a notice period and by the operator observing a notice period of 14 days.

14.3 The right to extraordinary termination for good cause shall remain unaffected. Good cause shall be deemed to exist if the terminating party, taking into account all circumstances of the individual case and weighing the interests of both parties, cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period.

 

An important reason is in particular:

 

  • a significant breach of essential provisions of these Terms of Use which is not remedied even after a deadline has been set or which is committed repeatedly and which makes it impossible or unreasonable to continue the contractual relationship;
  • the re-registration during a still running blocking according to section 7.1;
  • the provision of false profile data to conceal the true identity;
  • if, in the case of a chargeable use of Elektronik Billiger, the user is in default of payment of the fee or a not insignificant part of the fee for two consecutive dates;
  • if, in the event of a chargeable use of Elektronik Billiger, the user ceases to make payments in general;
  • if, in the event of a chargeable use of Elektronik Billiger, execution proceedings have been instituted against all or a substantial part of the other party's assets or there are grounds for opening insolvency proceedings against the other party, such proceedings have been dismissed for lack of assets, insolvency proceedings have been filed against the other party or an affidavit has been filed by the other party regarding its assets.

 

14.4 In case of a justified extraordinary termination of the user contract by the operator, the user is not entitled to create a user account for Elektronik Billiger again.
14.5 Terminations can be made in writing, in text form (e.g. e-mail) or on the part of the user also by deleting his user account with Elektronik Billiger.
14.6 With the termination of the contract, the user loses access to his user account. Furthermore, with the termination of the contract, the obligation of the operator to store the user's data expires.

 

15. Modification of the terms of use

 

15.1 The operator reserves the right to change these terms of use at any time without giving reasons, unless this is not reasonable for the user. The operator will notify the user of changes to the terms of use in text form in a timely manner. If the User does not object to the validity of the new Terms of Use within a period of four weeks after notification, the amended Terms of Use shall be deemed accepted by the User. The Operator shall inform the User in the notification of his right to object and of the significance of the objection period. If the User objects to the changes within the aforementioned period, the contractual relationship shall continue to exist under the original conditions.

15.2 Furthermore, the operator reserves the right to change these terms of use,

  • to the extent that it is obliged to do so due to a change in the legal situation;
  • insofar as he thereby complies with a court judgment or an authority decision directed against him;
  • to the extent that it introduces additional, entirely new services, services or service elements that require a service description in the Terms of Use, unless the existing usage relationship is adversely changed as a result;
  • if the change is merely beneficial to the user; or
  • if the change is purely technical or procedural, unless it has a significant impact on the user.

15.3 The User's right of termination pursuant to Section 14 shall remain unaffected.

 

16. Contract assumption by third parties

 

The operator is entitled to transfer his rights and obligations from the user contract in whole or in part to a third party. The operator will notify the user of this in text form in a timely manner, but no later than four weeks prior to the transfer of the contract. If the User does not wish to continue the contractual relationship with the third party, he may terminate the contract within three weeks after receipt of the Operator's notification with a notice period of seven days.


17. Applicable law

 

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.


18. Legal venue

 

If the user acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the operator. If the User's registered office is outside the territory of the Federal Republic of Germany, the Operator's registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the User's professional or commercial activity. However, in the aforementioned cases, the Operator is in any case entitled to appeal to the court at the User's place of business.


19. Alternative dispute resolution

 

19.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: http://ec.europa.eu/consumers/odr

This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or Service contracts involving a consumer.

19.2 The operator is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.