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Web Site Terms and Conditions of Use
Object of the contract
horse2buy GbR operates an all-inclusive horse platform under the Internet address
www.horse2buy.com
, which offers the private sector and businesses a forum for offering their products and services.
Should you have any further questions concerning our terms of use, please send us an e-mail to
info.at.horse2buy.com
1.
Placing an advertisement
Our web pages are available to private individuals and businesses, that are legally
competent without restrictions. Minors are specifically not allowed to use our web site.
We are entitled to refuse to publish an advertisement and/or remove it from the service without having to state the reason. Refusal to publish/removal will always occur if we ascertain that the contents of the advertisement violate applicable law (i.e. protection of minors, pornography). There will be no notification of such refusal/removal.
2.
Remuneration
In the standard mode, the placement of horse and stud advertisements is free of charge!
3.
References and links
Liability for direct or indirect references to foreign internet sites (“web links”), which lie outside of the responsibility of the author, only comes into effect, if the author is aware of the contents and if it is technically and reasonably possible for him to hinder the use thereof, should they contain illegal contents. The author expressly declares herewith that at the time of setting the link, the correspondingly linked pages did not contain illegal contents. The author has no influence whatsoever over the current and future design, the contents or the authorship of the linked/referenced pages. He therefore expressly disassociates himself from all contents on all linked/referenced pages that have been changed after the link was set. This statement also applies to all links and references set that are included on the own internet pages as well as for foreign entries in guest books, discussion forums and mailing lists installed by the author. The provider of the site that is referred to and not the provider, who only refers to the respective publication via links, is liable for illegal, incorrect or incomplete contents and particularly for any damages, which occur, as a result of the use or non-use of such presented information.
4.
Trading place
Our web pages are solely a trading place for purchases and sales of articles, the offer and sale of which, do not violate legal stipulations or our terms of use. horse2buy itself is not a party of the sale contract; this is drawn up exclusively between the seller and the purchaser. The contract settlement is also handled exclusively by the seller and the purchaser. We thus have no influence on the quality, safety or legitimacy of the articles offered, on the verity and correctness of the items offered or the eligibility of the seller to sell the items or the ability of the purchasers to purchase them. We are not in a position to check the execution of the contract.
5.
Obligations of the Seller
The seller is obliged to place his item in the corresponding category and to give a full and accurate description. All attributes and features as well as defects that reduce the value of the offered goods, even to a lesser degree, which are essential for the purchase decision must be stated truthfully. He furthermore has to provide complete information on the ownership of the offered item, his entitlement to dispose of it and his ability to deliver. He can describe his item using words, diagrams or pictures or set a link on the horse2buy web pages to texts, diagrams or pictures that describe the item offered. The description of the goods as well as the drawings and pictures must not advertise any goods except for those offered, especially in the form of references to one’s own homepage using links. They are not allowed to violate any laws or regulations (particularly regarding copyrights, consumer protection matters or regulations concerning competition, discrimination bans, etc.) horse2buy reserves the right to assign the offered item to a different category other than the one selected by the provider.
6.
Trading principles
All offered and wanted items may only be placed in one’s own name.
7.
Contract conclusion
The conclusion of the contract takes place directly between the purchaser and the seller, without the inclusion of horse2buy. We accept no responsibility for the guarantee or liability of contracts or for the contractual capability or creditworthiness of the seller, or for the correctness of the details made by the seller.
(1)
The contract comes into effect if
a.)
we confirm the order in writing or by e-mail or
b.)
the acceptance of an order can take place under the implicit understanding without an order confirmation if the order is carried out by us.
(2)
The written form is provided by sending a fax or e-mail.
(3)
We reserve the right not to process orders received by the customer or to remove services already published on the internet if the contents to be published violate legal specifications, official bans, the rights of third parties or good taste and decency (“illegal contents”). The same applies if the customers have placed an order for links to services, which lead directly or indirectly to pages with illegal contents. The customer’s obligation to pay remains unaffected hereof. At the first request the customer indemnifies us from claims made by third parties concerning illegal contents or other legal violations, which are represented by the customer. The indemnity includes the necessary legal costs.
8.
List of forbidden goods
It is forbidden to offer items, the offering or sale of which violates against legal regulations or against good taste and decency. In particular the following items are not allowed to be offered: Stolen items and pirate products, real estate and items that violate against copyrights, patents, brands, company secrets or other trademark rights, personal rights or data protection rights of third parties, items of propaganda and symbols of prohibited organisations, especially national socialistic items and articles with national socialistic references, scripts that are imperilling for youths, pornography, child and animal pornography, guns, batons and knives of all kinds, animal products and preparations stemming from protected species, human organs, bonds (shares, etc.) and loans.
horse2buy reserves the right to delete corresponding or similar offers without having to state the reason.
9.
Data protection
With regards to your personal data we point out that according to § 33 of the Federal Data Protection Act, these will be saved and/or passed on subject to the applicable data protection laws.
10.
Your information
Your information includes all information that you make available to other users in the framework of offers, wanted items or entries in the publicly accessible areas (including the “forum”) or by e-mail. Please note the following concerning your information: You alone are responsible for your information. We solely process your information in a passive manner as a medium for the online distribution and publication. We do not check your information, nor do we check that of other users. You are obliged to make sure that your information corresponds to the truth and that it doesn’t violate laws or the rights of third parties. We are entitled to revert to any necessary or appropriate measures at our own discretion, if we are of the opinion that we could be made liable for your information, if your information (in whole or in part) could lead to the loss of the services of our internet service provider or any other supplier or if your information violates our terms of use.
11.
System integration
You are not entitled to use mechanisms, software or other routines, which may disturb the functioning of the website of horse2buy or which endeavour to do so. You are not allowed to revert to any measures, which cause an overloading of our infrastructure in to an unreasonable or excessive degree. Your are not permitted to copy, distribute or use in any way the contents of our site without the prior written or faxed agreement of horse2buy and any other possible holder of rights. This also applies for copying in terms of robot/crawler search engine technologies or other automatic mechanisms.
12. Violation of these terms of use/termination
In the event of a violation against these terms of use, against legal regulations, against the rights of third parties or for any other realistically justified reason, we are entitled to send you a warning, to recall, discontinue for an unlimited period or terminate your advertisement. Furthermore, we are entitled to remove information that you have deposited on our website. We expressly reserve the right to further entitlements.
13.
Guarantee
The horse2buy website and our services are granted without any warranty or guarantee as to the availability and quality thereof.
horse2buy reserves the right to change the website at all times without having to state the reason.
14.
Disclaimer
The contents of this website and researched carefully.
However, horse2buy accepts no responsibility for the correctness and the completeness of the information found on these pages.
Note: horse2buy is not responsible for the contents of external pages that are made reference to in the course of this online offer and assumes no liability whatsoever for their contents!
15
Indemnity
You indemnify horse2buy from all claims that third parties make against horse2buy due to the infringement of their rights or the violation of rights due to the offer and/or contents that you have placed on the horse2buy website. You will also bear the legal costs including all court costs and lawyers’ fees in this connection.
16
General observance of laws
You are obliged to observe all applicable laws, by-laws and other government acts that are applicable to the use of our services and your offers, wanted items or your purchase and sale of items.
17
Notifications
All declarations that one party makes to the other in connection with this agreement, must be made in written form or as an e-mail. The e-mail address of horse2buy is info.at.horse2buy.com. horse2buy reserves the right to change its e-mail address at its own discretion.
18
General rules
This agreement underlies German law under the exclusion of UN purchase law. As far as the issue in question involves a sales man according to the German Commercial Code, special assets governed by public law or a juristic person of the public law system, Warendorf (or respective jurisdiction) is agreed as being the exclusive court of jurisdiction for all legal disputes that arise out of this agreement. As far as a clause of this agreement is ineffective, the remaining clauses remain unaffected. On using this website you accept our terms of use.
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