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The terms of service for the closed area of the Internet B2B portal eurotradenet.com, a service of the company Globalbiznet.

§ 1 Scope

(1) These general business-conditions is valid for all between the company Globalbiznet and the user of the eurotradenet.com teleservice (following “customer”) in the framework of the utilization of the databases of eurotradenet.com, (following each called “database” and/or “eurotradenet.com”).

(2) eurotradenet.com runs a database, in which merchants put in products over the so called closed area liable to pay the costs for selling (advertisement function) in those the merchants products can be searched with the search function available from eurotradenet.com .

(3) These terms of service is valid the eurotradenet.com and the users of the closed area through the utilization for the eurotradenet.com date bases over the closed area, the advertisers or product-seekers acknowledged the validity of these general utilizations - and business terms in the current formulation. The opposite general business terms from the user have no validity. Using the database of eurotradenet.com through the closed area without agreement to these conditions is not allowed.

(4) For using the public area, the terms of service are applied for the public area.

(5) The databases run by eurotradenet.com enjoy the protection by §§ 108 ff. the copyright-law. A misuse of databases can even be punished after these rules with freedom-penalty.

§ 2 Payable utilizations of the closed area

Each merchant can put in so many advertisements as he like in the database of eurotradenet.com.

The utilization of the service of the closed area take place regularly on the basis for the current price list from eurotradenet.com of a duration obligation.

§ 3 Contract-terminations

(1) Through the registration and transmission of the data of the data of the tradesman takes place an offer to the conclusion of a service-contract to the utilization of the closed area. eurotradenet.com decides within ten days after access of the offer on his assumption after free estimation. The assumption of the offer takes place through confirmation of order or through transmission of the access-data for the closed area.

(2) The announcing is indebted to do truthful statements, and confirms trough the registration, that he / it is authorized to complete corresponding contracts for the announced trade.

(3) In the framework of the registration and the current contract-relationship, eurotradenet.com is entitled, the presentation of a registers of companies and/or trade-register-departure and other records and informations to demand, that offered for the registration of maintenance of the contract-relationship or appears useful.

§ 4 Statements, date of payment and height of the refunding, payment

(1) The monthly participation-charge is calculated by eurotradenet.com in advance for the ongoing month and is raised in advance. The annual participation-charge is calculated by eurotradenet.com in advance for the ongoing year and is raised in advance. The bill takes place through transmission of a bill. The final amount showing in the bill is immediately due by the payment.

(2) The monthly participation-charge is calculated after the gratuated price-model is depend on the price list. For EU-based customers, monthly charging may be chosen. For Non-EU base customers only the annual charging may be chosen. The charging mode is chosen by the customer during registration. Service Packages are classified by the maximum number of products that the customer may create on his homepage, e.g. 10 Product Package, 20 Product Package and so on. With the monthly charging mode the customer is charged an additional base fee according to the pricelist. With the annual charging mode, this base fee is not charged.

(3) The participation-charge is moved for merchants with headquaters in Germany exclusive in the Debit-procedure. Corresponding is applied to merchants with headquaters in other countries, if they have a bank-connection in Germany. The final amount showing in the bill turns into the 15. of the current month by direct debit of eurotradenet.com.

(4) The bill for merchants with headquaters outside Germany and without bank-connection in Germany takes place by advance payment . The advance paid at eurotradenet.com will credited in favour to the depositor and settled by the month participation-charge. The possible incurred transaction- costs by the processes of payment and booking will be charged to the merchants.

(5) In the case of the delay of payment, the retraction of debiting or a return-debiting eurotradenet.com is entitled to keep back the own performance and to delete the product-offer of the concerned merchant so that a request for delivery did not longer take place from the database.

(6) After corresponding deltion the offer of the merchant is only free-connected after discharge is payed in accordance with the in each case current price list for the utilization of the closed area and the complete payment of the due return-debit included the return-debiting-fees. In the interest of a promptly free-connecting the proff of the payment can be made by transmission of a bank-confirmed remittance-bearer.

(7) The performance of eurotradenet.com takes place without pay within an agreed trial period.

§ 5 Licit labeling-obligations, imprint-duty

(1) After § 6 of the teleservice-law service-suppliers has to consider following information of business-moderate teleservice and an easily regognizable, directly attainable and continually available:

• The names and the addresses, under which they are settled, by legal persons additionally the person who is legitimate for deputy.

• Statements, that make possible a fast electronic contact-reception and immediate communication with them, including the adress of the the electronic post.

• The registers of companies, club-registers, parntership-registers or cooperative-registers, in which they are registered, and the corresponding register-number.

• In cases, in which they possess a sales tax-identification-number after § 27A of the sales tax-law, the statement of this number.

(2) In order to do justice to this long-range rule, eurotradenet.com offers by the registration technical possibility to the input of the named data. The input of the date is matter of the merchant. The respossibility lies exclusively with him for the right and compelete statement of the named information. One against the labeling-duty directed thrust can be pursued as competition-violation with the risk of considererable financial disadvantages.

§ 6 Pricechanges and changes of the terms of service

(1) Pricechanges are announced so in time from eurotradenet.com , that the participant can finish the contract-relationship under observance of the contraactually appointed notice with completion-time before validity of the new prices. As far as he doesn’t practice this right and calls on the services of eurotradenet.com after the validity-date of the pricechange validity-date of the pricechange further, the pricechange will becomes binding for both contractual partner. The bill takes place on the basis of the pricechange.

(2) The announcement of changes of the terms of service takes place through the preparation on the sides of eurotradenet.com. Contractual participants will be informed per letter or by e-mail over the changes of the terms of service . The changes are regarded as accept, provided is not disagreed them within two weeks after writing announcement.

§ 7 Requests at the contents and guise of the advertisements

(1) It is allowed to exclude the placing of advertisements with one picture per product at least.

(2) The advertiser is indebted to do truthful statements in reference on the product and with consideration on the remaining advertisements-content. Erroneously inaccurate informations (for example: typing errors, arranging into inaccurate categories) is after their discovery over the function “advertisements change” is corrected immediately.

(3) The advertisements must be illustrated with one photo at least that must come exclusively from the actually offered product. It is especially not allowed the application of picture-signs,letters, numerals (for example logos, lettering signs, telephone numbers, names, slogans) or the change of the photos in this or similar manner, outside which from us offerd picuture-signs, slogans, logos and lettering signs.

(4) The advertiser must actually own the offered product. It is not allowed to deal with the offered products about still to ordering matters. The product must be physically at the location of the advertiser and must be capable to inspect at the time of the placing the advertisement. The advertiser must be capable to finish a right-effective purchase contract with a prospect interested person about the offered product immediately during the term of the advertisement to deliver the product at the declared location.

(5) In each case the advertiser can only declare one location for the advertised product from him. If you change the location of the advertised product, so the advertiser is commited to correct immediately the relevant advertisement to give information of the new location.

(6) By the placing the advertisements and giving the photos into the Website of eurotradenet.com it confirms the advertiser the he can use the photos umlimited and that they are not incriminated with third rights – especially with third copyrights third.

(7) The advertisements cannot break the laws currend in the European Union and ordinances by formulation, content. Optical presentation and the pursued purpose tradesmen must especially pay attention the price-ordinance after § 1 paragraphs 1 of the price-ordinance is to declare the finally price, that the value added tax must especially comprise. Against this directional violation can cause besides legal competition consequences, also the consequences according to § 8 of this terms of service.

(8) The statement of the sonamed service-telephoner numbers ( increase-value-service) is inadmissible, originate elevated telephonecharges by their dialing with the caller. The dialling-codes that are always inadmissible: 0190, 0900

§ 8 The legal-consequence of the misuse in th context with the placing advertisements

In the case of a violation against § 7 paragraphs 1–11 of this terms of service is eurotradenet.com entitled to refuse the corresponding advertisements without changing pre-announcement of caution and to delete partially or completely and to exclude advertisers from the participation permanentely, to dismiss and/or the contract-relationship for important reason without observance of a period.

Corresponding is applied to other misuse-facts in the context with the advertisements placings.

§ 9 Liabilities for the content of the advertisements

(1) As service-suppliers in the sense of the teleservice-law eurotradenet.com stores foreign informations for user in the databases accesible by the Internet and put the technical prerequisites to the transmission of information (advertisements) to the disposal merely and is still tied into the relationship between suppliers and the persons how is interessted in buying or buyers as mediators as party or as representatives neither a party.

Responsibly for the content of the advertisements is exclusively the advertiser. eurotradenet.com is bound not to the examination of the legitimacy of the stored advertisements in reference to content and representations. Neither the correctness of the content of the advertisements nor the identitiy of the advertiser can be checked by eurotradenet.com in the rule.

(2) eurotradenet.com is not liable for damages from shortened or misrepresent appearance of advertisements or from the improper application of data through third. (3) eurotradenet.com excludes each guarantee and liability for it that the advertisements suffice lawful regulations of the country, in which they can be called or have the product-buyer, mediators or product-salespersons his headquaters.

(4) eurotradenet.com expecially excludes each guarantee and liability, that can result from it, that purchase-contracts, that initiated on the basis of the eurotradenet.com advertisements or is completed, after law of stat of a touched stat are not implementable or lead too legal or economic disadvantages in other manner with one or both parties to the purchase- contract.

(5) The advertiser leaves eurotradenet.com of all claims, the third in the context with the publication of current advertisements. Expenses to the damage-decrease are also to be carried from the advertiser.

§ 10 Database-topicalities, to shape erasure of advertisements administering, backups

(1) About the product-search as interestingly and successfully as possible, is eurotradenet.com troubles about data-topicality.
For this reason, product-advertisements shall, as soon as been sold the offered product or is no longer available for other reasons, must be delete from the advertiser.

(2) Each merchant is indebted that updates advertised product-continuance over eurotradenet.com, to hold and to administer regularly within a time of four weeks in the closed area. As far as an administration doesn’t take place within this time periond, the offer of merchant Is switched inactive so that the offer is no longer accessible and visible for lack of data-topicality over the searchmasque of the public area from the date base. A free-circuit takes place automatically throuch independent administering through the dealer.

(3) Each merchant is indebted to produce backups or his data-continuance including the product- photos in order to be able to restore quickly the advertisements in the case of the data-loss.

§ 11 Cancelation and repreparationcharge

(1) Between eurotradenet.com and the participant existe a contract-relationship that can be quit by both partner within a period of two weeks to the end of the month.

The cancelations has to take place by letter or per e-mail: kuendigung@eurotradenet.com

(2) For the case of the resumption the contract-relationships and the repreparation of a merchant after a cancelation and closing through eurotradenet.com because of a violation of the terms of service of cause an delay of paiment or for important reasons, in each case eurotradenet.com is entitled to demand an repreparationcharge in accordance with the valid price list for the closed area.

§ 12 Guarantee

(1) Should an advertisement be accessible within a time of two weeks for less than 320 hours from the database on the basis of a definsible circumstance represented from eurotradenet.com, eurotradenet.com is first entitled to extend the advertisement duration and after to fulfil.

(2) eurotradenet.com is relieved from the obligation in cases of higher force. All unforeseen events as well as such events, whose to represent effects on the conctract-fullfillment of no party are regarded as higher force. One of these events, especially rightful work-fight-measurese, also in third-business, consider official measures, cancelation of communication-networks and gateways of other operators, disturbances in the area of management-givers, other technical disturbances, even if these circumstances appear in the area of subcontractors, subcontractors or their subsupplier or with the operators of the computer for is authorized by the supplier. Claims does not emerge for the advertiser from eurotradenet.com through the not responsible cancellations.

(3) Damages-claims against eurotradenet.com are independent excluded from the legal-reason, unless, eurotradenet.com, their fulfillment-assistants or lawful representatives have committed contract-injuries purposely or roughly carelessly. In each case, the liability is narrowly according to the height on the payment for the part of the delivery and performance of eurotradenet.com, from which the damages-claim results.

(4) One of faults independent liability ist excluded lika a liability for damages originated through easy negligence with advertisers or tird as well. Expressly to it is pointed out that eurotradenet.com adopts no liability for damages, that originate with advertisers or from third, that because of thechnical problems from eurotradenet.com or other events that are not influenced from eurotradenet.com are not presented the offers or the offers in the offerd form in time or within the offered term. The liability for escaped profit is also impossible.

§ 13 Search of products

In the eurotradenet.com databases can be sought product by means of the searchmasque exlusively offered by eurotradenet.com.

The produce-search is not admissible under evasion of the searchmasque especially through application of search-software, that accesses the databases of eurotradenet.com. Among other things Offenses are pursued under the point of view of the intervention into the furnished and practiced Trade-business under civil law and have under the point of view of the forbidden intervention Into relatives protection-rights after the §§S 108 and folllowing the originator-law’s criminal consequences.

§ 14 Indications of data-protection

The users states declared in agreement that his electronically data are stored under observation of the data-protection-laws, that has validity in the European Union.

§ 15 Right of originators and right of use

(1) All datas, informations, texts, programs and pictures are subject to the copyright, eurotradenet.com is possessor of the right of use as possessor of all right at the contents of the website and the database.

The change, processing and utilization in media of all type through third is allowed only with written permission through eurotradenet.com. The rights of the advertiser remain of this untouched.

(2) Especially advertisements are subject to the exclusive rights of use of eurotradenet.com. These advertisements or components of the advertisements ar allowed third to individually and further process only with written permission through eurotradenet.com in the totality, changes or on other websites or in other media publishes is stored in databases. The rights of the advertisers at this advertisements remain untouched from this. Freely he can still own the own data and information.

§ 16 Place of performances, validity of polish-right, place of jurisdication

(1) The performance of eurotradenet.com exists in the reception and accessible and on call of advertisements in or from the eurotradenet.com databases over the world-wide Internet.

This performance is in the technical and legal sense provided in principal office. Performance-place in the legal sense is therefore the principal office. Each other place, at which the on-line-market is in addition accessible eurotradenet.com, remains tied claims for contractual, legal liability and lawful at the performance-place besides consideration. eurotradenet.com adopts no assurance for it that the advertisements correspond to the lawful rules of the country, in which the offers and data is accessible.

(2) The utilization of the offer of eurotradenet.coms as well as these general utilizations - and business terms of eurotradenet.com is subject to in application and interpretation exclusively polish right. The application of the EU-agreement over contracts over the international merchandise-sale of the 11 april 1998 is impossible.

(3) Fulfillment-place is the principal office. For all claims from and on the basis of the utilization of the databases of eurotradenet.com, Warsaw is arranged as place of juridisdication provided that the users is a merchant in the sense of the code of commercial law. It also valid if the participant transfers his residence to the end of the contract into foreign countries or has no general jurisdication in Poland.

(4) No application finds the prominent legal-election and agreement of jurisdication on consumer- contracts then if necessary international applying or European consumer-protectionrights is a matter of priority and that excludes here the choice legal-election or agreement of jurisdication.

§ 17 Salvatorien clauses

The invalitidy of individual regulations of this terms of service doesn’t Touch the eccectiveness of the other regulations.

Instead of ineffective regulations primarily such that nearly corresponds to the ineffective regulations and in second line the lawful regulation come into force.

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© eurotradenet.com 2005-2013 | Oct 20 2014 21:09:09 UTC