Exportpages International GmbH ("EP") operates an interactive online business ("online marketplace"), which is available on various domains on the Internet. It is a communication network through which any registered user can contact other users for the creation and maintenance of export and import contacts by posting offers on the online marketplace.
§ 1 General statements
1. EP will register you as a customer of our online marketplace and will take your publication orders exclusively on the basis of these general terms and conditions. Under no circumstances will EP become a contractual partner with regard to contracts between you and your customer found through our online marketplace.
2. Your general terms and conditions will not become part of the contracts concluded with us, even if we do not explicitly contradict them, unless we have accepted your terms and conditions explicitly in writing.
3. You agree to register as a customer only in the context of your commercial or independent professional activity. We do not offer our services through the online marketplace to consumers.
4. You agree that we are entitled to transfer our existing contractual relationship with you to a company related to us in accordance with §§ 15 et seq. of the German Companies Act ("Aktiengesetz"). German Company Law ("Aktiengesetz").
§ 2 Amendments to our general terms and conditions of business
1. We are entitled to amend or supplement these general terms and conditions at any time with reasonable notice. In the event of changes, we will provide you with the new version and highlight the changes typographically. For new registrations, the version of our General Terms and Conditions valid at the time of registration shall apply.
2. If you do not object within 4 weeks of receipt of the changes or additions to our General Terms and Conditions, these shall enter into force as announced. If you object within the aforementioned 4-week period, the contractual relationship with you will continue under the previous conditions, but we reserve the right to terminate the contractual relationship at the earliest opportunity.
3. If changes and additions are obligatory for us due to compelling legitimate reasons, our obligation to announce and your right to object are omitted. Changes and additions made on the basis of such compelling legal grounds shall not justify any claim for damages.
§ 3 Our services, statistical analysis, data protection
1. The content and data you have provided will be provided by us on a server for Internet processing requests. We are not responsible for the data you provide. This refers in particular to the content, accuracy, timeliness, design and completeness of the data provided.
2. If you provide content and data and we do not publish them on our online marketplace as provided by you, you are entitled to immediate correction. The provisions of § 12 of these general terms and conditions apply.
3. You allow us the statistical evaluation of the data you provide for publication on our online marketplace.
4. We undertake to comply with data protection regulations and to use the data provided only as permitted by law. We will not permit the downloading of address material. We must emphasise that we have no influence on the use of the content you have provided by other EP users.
§ 4 Order processing
1. Your entries are published according to the scope of your order in up to 32 international languages.
2. The names of the products and services are the responsibility of the editors of EP.
3. The scope of the translation services is governed by the respective order or offer.
4. Translations are based on the productive vocabulary (active vocabulary) of the target language.
§ 5 Your registration and cancellation
1. If the publication order is not issued in writing, a contract for the publication of your paid or free entry is concluded by sending us the completed order form online and confirming the order on our part. You must fill in the order form truthfully and completely.
2. The contract for a paid publication is generally completed with a minimum duration of 12 months.
3. You may terminate your contract for a publication against payment with 3 months' notice at the end of the agreed term. If you do not terminate the contract, it is automatically renewed for another 12 months. The termination must be sent in writing to "Exportpages International GmbH, Becker-Goering-Strasse 15, 76307 Karlsbad/Germany" or in text format to "email@example.com ". The possibility of termination for good cause without notice remains unaffected.
§ 6 Payment for publications
1. For the duration of the contract, the price list valid at the time the contract is concluded shall apply.
2. The remuneration for paid publications on our online marketplace is due immediately and payable in advance for the agreed contractual term.
3. After the agreed contractual period, we are entitled to adjust the prices in relation to the general cost development within reasonable limits. If the price increases, you are entitled to cancel the contract within 14 days of receipt of the invoice with immediate effect.
4. All prices are net prices and the applicable sales tax will be added.
5. Payments are collected in advance by direct debit from the bank account provided or made in advance by bank transfer.
6. Offsetting is only permitted with undisputed or legally established claims from the same legal relationship.
7. If payment is delayed, e.g. due to chargebacks, we are entitled to block access to your data without prior notice. The obligation to pay and the application of statutory damages for delay are not affected in the event of blocking.
8. For cancellations or changes to orders for the publication of data on the Internet that are received by EP within 14 days of receipt of the order and our confirmation and beyond that before the publication of the data, EP is entitled to charge a fl at the rate of 50% of the net order value. For all other cancellations the full price will be charged.
9. In order to enable easy processing of your order, you shall provide EP with all data and information necessary for the execution of the contract for the setting up of its publication on our online marketplace no later than 14 days after the order and confirmation. If certain data and/or information are sent to us with a delay, we will still attempt to process your order correctly. However, the consequences of the delay are not our responsibility, unless the delay is due to our fault.
§ 7 Acts of a commercial agent
1. The acts of EP's commercial agents shall not form part of the contract unless we have expressly agreed to them in writing.
2. EP's commercial agents are not authorised to receive payments for EP.
§ 8 Responsibilities and obligations of the customer
1. You affirm that you have the right to transfer and disseminate the data provided to us and that you will comply with data protection laws.
2. You are responsible for the content, accuracy, up-to-dateness, design and completeness of the data provided. You explicitly declare that this data complies with the applicable law. In this respect, you indemnify us against possible sanctions and claims incurred by us due to violations of your rights.
3. 3. You shall notify us without delay of recognisable defects and faults in the obligations, imminent dangers (e.g. due to viruses) and evidence of misuse by third parties and shall take - within reasonable limits - all measures necessary for the detection, localisation and documentation of these defects and faults. We shall not be liable for incidents that occur due to late notification.
§ 9 Suspension of your published entry
We are entitled to immediately block content and data, as well as links to other websites, if we determine that there is an infringement of competition law, criminal law, copyright law or other legal provisions. This applies in particular if you provide information about prohibited pornographic material, illegal trade in pharmaceuticals, weapons or drugs or any other illegal activity. We are also entitled to immediate suspension if we are notified of a formal warning because of a breach of competition law. In addition, we may terminate the contract immediately in such cases. If possible, we will take your interests into account appropriately with regard to the suspension EP.
§ 10 Maintenance
We are entitled to perform maintenance services on servers, databases, etc. We will keep interruptions to data recovery as low as possible. In the event of minor disturbances due to interruptions, you are not entitled to reduce the price, terminate the contract or claim compensation.
§ 11 Protection of access data
1. You shall guarantee the confidentiality of access authorisations vis-à-vis unauthorised third parties and ensure that only authorised users make use of the access data assigned by you.
2. If you recognise any misuse of your access data, you shall notify EP immediately.
3. If your culpable breach of the duty of confidentiality makes unauthorised use by third parties possible, you shall be liable for all damages and losses caused by the breach. This obligation shall survive the termination of the contract.
§ 12 Warranty and liability
1. We undertake to guarantee the accessibility of the data stored on our servers 24 hours a day, 7 days a week. Any guarantee is only excluded in the event of minor or brief disturbances in the usability of the online marketplace and the accessibility of individual publications.
2. We also provide no guarantee for access limitations that are due to force majeure or other causes beyond our control.
3. We expressly reserve the right to modify our website as a whole or in individual parts without prior notice, as well as to modify or delete parts without prior notice, provided that the published item itself is not affected.
4. In principle, timely notice is a prerequisite for the elimination of defects. Complaints due to obvious defects that are not reported in writing within 2 weeks after recognition, respectively the possibility of recognition, are excluded.
5. The guarantee is provided primarily by means of reworking/repair. If the reworking/repair fails twice, you are entitled to reduce the price or to cancel the contract.
6. We are liable in cases of intent or gross negligence on our part or on the part of a representative or agent, as well as in cases of culpable injury to life, body or health, in accordance with the statutory provisions. Our liability is limited in cases of gross negligence to typical and foreseeable damage. Furthermore, we are only liable according to the Product Liability Act and with regard to the culpable violation of essential contractual obligations. However, a claim for damages for the violation of essential contractual obligations is limited to typical and foreseeable damage, unless an exception according to sentence 1 or 3 of this paragraph applies at the same time.
7. Our liability for damages does not include the cost of restoring lost data.
§ 13 Miscellaneous
1. If any provision of the contract is or becomes invalid, the other provisions shall remain valid.
2. The contract is subject to German law, excluding conflict of law provisions and excluding the UN Sales Convention. Place of performance and place of jurisdiction is the registered office of EP.
3. These General Terms and Conditions are available in several languages, including English. Only the English version is relevant to the content of the General Terms and Conditions. If the English version and the other language versions of these General Terms and Conditions differ from each other in terms of language, the English version shall prevail.
Headquarters/Hauptsitz Exportpages International GmbH, Becker-Goering-Strasse 15, 76307 Karlsbad/Germany, Telefon +49 7248 9179-23 Telefax +49 7248 9179-50. E-Mail firstname.lastname@example.org, Web www.exportpages.com