1. subject matter of the contract
The subject of this contract is the use of emporoi services, which are offered on the www.emporoi.net website. Here emporoi.net (hereinafter: emporoi) offers a digital marketplace on which goods and services of all kinds can be offered and purchased by natural and legal persons and partnerships, and other content can be published, insofar as the users are acting in the exercise of their commercial or independent professional activity (entrepreneurs within the meaning of § 14 BGB) and insofar as these are not end consumers. The conclusion of contracts with consumers is expressly excluded.
The offers published by the users on the platform are not checked by emporoi. The respective user is solely responsible for their correctness, completeness and legality. emporoi has in particular no influence on the truth and correctness of the offers or on the quality of the goods or services offered.
Users are only entitled to use the services within the framework of the current state of technology. emporoi temporarily restricts its services if this is necessary with regard to capacity limits, the security or integrity of the servers or in order to carry out technical measures, and this serves the proper or improved provision of the services (maintenance work). emporoi takes into account the justified interests of users in these cases, for example by providing advance information. § Section 8 of these GTC remains unaffected by the above regulation.
If an unforeseen system failure impedes the use of the services, the users will be informed in an appropriate form.
Registration is only permitted to commercial or self-employed professionals (entrepreneurs in the sense of § 14 BGB) legal persons, partnerships and natural persons with unlimited legal capacity and insofar as these are not end consumers.
The complete and correct provision of the data requested during registration is a prerequisite for the activation of an emporoi account. No P.O. Box may be given as address. In particular, a copy of a current trade license and all legally required information must be provided during registration. In detail, the information to be provided results from the specific registration process.
Legal entities or partnerships shall be registered by a natural person authorized to represent them.
If any data to be provided during registration changes after registration, the User shall be obliged to update the information in his emporoi account without undue delay.
Users shall take the necessary measures to safeguard their user data. Users are responsible for protecting their user account from misuse. They shall protect the access data from access by third parties.
3. platform use
Users are fully responsible for the content they post and must ensure that their offers (including the images used) and other content are lawful and do not infringe the rights of third parties.
Articles whose offer, sale or purchase violates applicable European law, third party rights or morality may not be offered or advertised on emporoi.
The misuse of brand names or similar inaccurate characteristics (e.g. "leather" although only textile or artificial leather) in the user's offer is prohibited. The user committing the infringement is liable for any infringements of trademark law or other competition law.
In order to ensure a satisfactory use of emporoi for all users, sellers should place their offers in the appropriate category, provide an explanatory text and add detailed images. Since a purchase via emporoi creates a binding purchase contract between the users, all properties and features essential for the formation of the buyer's will, as well as deviations from the usual properties (e.g. "defect, refurbished, generally overhauled, 2nd choice, used", etc.), which reduce the value of the offered goods, must be truthfully stated. Accordingly, sellers undertake to describe their offers correctly and completely.
The presentation of offers referred to in 3.4 (both text and images) must relate exclusively to the offer actually posted on emporoi; sales and advertising for offers not posted on emporoi are not permitted.
All offer prices are net prices plus any applicable value added tax and other price components. The sales price does not include delivery and shipping costs.
Sellers may not demand PayPal fees or accrued emporoi commissions from Buyers in addition to the selling price.
Addresses, e-mail addresses and other contact data which users have obtained through the use of the platform may not be resold or used for sending advertising unless the respective user has expressly consented to this in advance in accordance with the applicable statutory provisions. Furthermore, the aforementioned data may not be used for any other purposes than for contractual and pre-contractual communication within the framework of the platform.
4 Commission and fees
If a purchase contract is concluded via the platform, emporoi shall receive a commission from the seller. The use of additional options is subject to a fee where applicable. The amount of the individual sales commission and fees is based on the current commission and fee table, available at http://emporoi.net/pages/costs_and_fees.html.
The individual sales commission as well as the fees are generally due for payment immediately. Sales commissions are due immediately after a sale via emporoi. The commission is calculated on the basis of the offered sales price and is deducted directly during the payment transaction between the Seller and the Buyer via Paypal. Fees for additional options will be invoiced and are to be paid immediately on booking via the payment method exclusively accepted by emporoi, Paypal.
emporoi shall issue a monthly statement of account for the sales commission incurred; the due date and payment date from 4.2 shall not be affected by this. The settlement in respect of fees incurred is based on the period of the service used by emporoi in each case. emporoi sends the respective invoice to the seller by e-mail. A written copy will not be issued.
emporoi reserves the right to change the fees and sales commissions at any time. Such changes will be communicated to users one month prior to adjustment.
5 Binding sales contracts
The publication of offers on the platform by a seller, represents a binding offer to conclude a contract for the possible item. The binding offer is directed at all registered emporoi users. The Seller specifies a single and/or graduated price as well as the minimum and maximum purchase quantity, options, shipping costs and country-specific tax rates.
The acceptance of the offer takes place when the Buyer presses the "Buy" button provided for this purpose.
Unless the purchaser and seller agree otherwise, the purchaser is obliged to pay in advance (without prejudice to the due date of emporoi's commission claims). Consequently, the purchase price is due immediately and is to be paid by the Buyer via Paypal.
It must be possible for the seller to immediately transfer ownership of the subject of the contract to the purchaser or the intended transport person. Deviating delivery times must be expressly stated in the respective offer. By purchasing, the buyer confirms this deviating agreement.
Buyers can rate sellers and the purchased products after the completion of a purchase in the section provided for this purpose on the platform. The ratings are not checked by emporoi.
The evaluations may only contain truthful information. Evaluations must relate to the respective purchase, be factual and may not contain any defamatory criticism.
The ratings serve the purpose of providing users with an objective picture of the respective seller with regard to his performance and reliability. It is therefore in the interest of all users to maintain a functioning rating system that reflects the truth. The misuse of the rating system for other purposes is prohibited. For this reason, it is particularly forbidden to rate oneself or to have oneself rated by third parties and to induce other users to act, tolerate or refrain from acting by threatening to submit a negative rating.
Restrictions on use and punishment
7.1 emporoi may make the use of the platform subject to certain conditions, such as verification of registration data, status of the rating profile (including detailed seller ratings), payment history or dependent on the submission of certain proof (e.g. business, licensing, payment, or ownership certificates).
If there are concrete indications that a user is violating legal regulations, the rights of third parties, these General Terms and Conditions or if there is a threat of a future or further violation of the aforementioned rights, emporoi can restrict the use by the user or definitively exclude the user from use. Further measures include, in particular, the deletion of articles, ratings or other content, the warning of users, the prohibition of certain offers and other content, the restriction of platform use, provisional exclusion and final exclusion from the platform. If the user proves that he is not responsible for the infringement, emporoi will include this in the decision on the punishment.
Claims by users for compensation are excluded. Excluded from this are claims for damages by users arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages which are based on an intentional or grossly negligent breach of duty by emporoi, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the aim of the contract.
In the event of a breach of essential contractual obligations, emporoi is only liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless it is a question of claims for damages by users arising from injury to life, limb or health.
The restrictions in paragraphs 1 and 2 also apply in favour of emporoi's legal representatives and vicarious agents if claims are asserted directly against them.
If a user injures other users or other third parties within the framework of the use of the platform and claims are asserted against emporoi as a result of this, the user who has caused the injury expressly releases emporoi from all claims asserted in this connection. This also applies to the costs of legal representation necessary in this context, including all court and legal costs incurred by emporoi. However, the aforementioned does not apply if the user is not responsible for the infringement.
Changes to the contract, termination and communication
9.1 Subject to a notice period of four weeks, emporoi may transfer its rights and obligations arising from this contractual relationship in whole or in part to a third party.
9.2 To a reasonable extent for users, emporoi may amend these GTC at any time. The revised GTC will be sent to users by e-mail no later than 6 weeks before they come into force. If a user does not object to the validity of the new GTC within four weeks of receipt of the e-mail, the amended GTC are deemed to have been accepted. The possibility of objection and the consequences of the expiry of the deadline without objection shall be pointed out separately in the aforementioned e-mail.
9.3 All declarations within the scope of the user contract must be made in writing or by e-mail. The User must therefore ensure that the e-mail address he has provided is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
Users can terminate this usage contract in writing at any time. emporoi can terminate the usage contract with one month's notice. The right to extraordinary termination for good cause remains unaffected by this. Such a reason exists in particular if the user repeatedly receives negative evaluations to a considerable extent (40% negative evaluations) or has deliberately provided false registration and processing data, as well as in the case of gross violations as stated in point 3. platform use.
Information on data processing
The provider collects data of the customer in the context of the processing of contracts. In doing so, he particularly observes the regulations of the Federal Data Protection Act and the Telemedia Act. Without the Customer's consent, the Provider shall only collect, process or use the Customer's inventory and usage data to the extent that this is necessary for the processing of the contractual relationship and for the use and billing of telemedia.
10.2 Without the Customer's consent, the Provider shall not use the Customer's data for purposes of advertising, market or opinion research.
Users recognize the data protection provisions declared by emporoi as bindingly agreed between themselves. Accordingly, the users undertake to always apply these data protection provisions for the benefit of the respective other user within the framework of the contractual relationship which has come about via emporoi.
11 Place of performance, place of jurisdiction, loopholes, applicable law
Should individual provisions of this contract be or become invalid or void, this shall not affect the validity of the remaining provisions of this contract. The parties undertake to replace invalid or void provisions by new provisions which do justice to the economic regulatory content contained in the invalid or void provisions in a legally permissible manner. The same shall apply if a loophole should become apparent in the contract. In order to fill the gap, the parties undertake to work towards establishing appropriate provisions in this contract which come as close as possible to what the contracting parties would have intended according to the meaning and purpose of the contract if the point had been considered by them.
All declarations within the scope of the user agreement must be made in writing or by e-mail. The User must therefore ensure that the e-mail address he has deposited is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
The contract of use including these GTC shall be governed exclusively by German law. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
The place of performance for all services arising from the business relationship with emporoi is Reutlingen.
The contract is concluded exclusively on the basis of our General Terms and Conditions. Other contractual agreements do not apply, even if individual regulations are not contained in our GTC. The tacit execution of the contract of use as well as payments by the user do not signify agreement with conflicting conditions of the user.