Terms and conditions
of eklassik.de Stedingerstr. 11 74080 Heilbronn
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This terms and conditions rules the contractual relationship between eklassik and the natural and artificial persons (members), whose use the eklassik internet platform. The using is only allowed for artificial persons and unlimited contractually capable natural persons. Underage persons are not allowed to use eklassik.
By klicking on the button 'I agree' the members accept the terms and conditions of eklassik and concludes a contract with eklassik about the using of the eklassik-website. It is possible to undo the licence agreement in written form within two weeks after the giving of your declaration of consent. If you undo the licence agreement in time, you are not articled on the licence agreement and your declaration of consent. If you have started to trade an article it is no longer possible to undo your licence agreement.
In the case of undo, quitting, possible interceptions, afflictions or questions please write to our service-team.
§1 Object and Volume of licence agreement
1. eklassik provides a platform for its members. On this platform the eklassik members can offer, distribute and purchase goods and benefits. But only if this doesn't offend against the applicable law, this terms and conditions or the eklassik-fundamentals. eklassik can link the using of the platform with certain conditions, like for example register-data check, membership periode, number of positiv valuations or purchase- and payment certificates.
2. It is forbidden to offer articles, whose offer, sale or purchase is illegal or against the morality. In particular following articles are forbidden to describe or offer: articles, whose ad, offer or sale breach the copyright, industrial property rights (for example brands, patents, petty- and design patents) or other Rights (for example the right to the own picture, the right to a name or personal rights). Propaganda articles and articles with unconstitutional organisation labels are forbidden, too.
3. eklassik reserves the right to delete auctions, whose breach the applicable law, this terms and conditions or the eklassik-fundamentals.
4. For using the eklassik-websites it is necessary to register as a member. A claim of registration on the eklassik-website doesn't exist. The registration itsself is for free. For registration you have to start a member account and you must agree amongst others with this terms and conditions. With the registration you dispose a licence agreement with eklassik about the using of the eklassik-website.
5. The eklassik registration-data must be complete and correct, for
example prename and name, current address (no post-office box) and phone number, a valid email address and where required the company. Only a natural person that is authorised to represent an artificial person can register an artificial person. This natural person have to enter his/her name. If there are any changes in registration data the member is bound to correct his registration data.
6. During the registration the member chose a username and a password. The username mustn't consist of an email- or internetaddress. Also the username mustn't breach the rights of third persons or other rights and the username mustn't breach the morality. eklassik doesn't hand on your password to third persons. The member has to keep secret his/her password. The member is freed from secrecy, if a co-operation partner from eklassik needs the password for a addition service the member wanted to use. In the case of claiming such an addition service a licence agreement between the member and the co-operation partner that provides this service comes about. eklassik assumes no liability for co-operation partners and there addition services if they are no contractual responsibilities in the licence agreement with eklassik.
7. A member can have more than one member account. A member account is nonnegotiable. Misusage of member accounts, in particular at bidding or valuation of other members is not allowed.
8. eklassik cannot guarantee, that every member is the natural person or artificial person that he/she/it asserts. It's possible that a member has given in the wrong address data. Every member has to make sure about the identity of his signatory.
9. The member always can cancel the licence agreement in written-form by email.
The right of eklassik to block a member keeps intact.
§2 Block a member
1. eklassik can block a member, if the member breach the applicable law, this terms or conditions or the eklassik-fundamentals. eklassik also can block a member if eklassik has another legitimate interest on blocking the member.
In particular eklassik can block a member if the member has get lots of bad valuations in the valuation system and is so a risk for the other members, made wrong details in the registration, breach rights of third persons during his using of the eklassik-website, misused eklassik benefits or there is another important base.
eklassik also can limit the account of a member instead of blocking.
2. As soon as a member was blocked this member is no longer allowed to use the eklassik-website and cannot register anymore. A blocked member account (in particular the valuation profil) is blocked forever. The blocked member has no right to get the blocked account back.
3. eklassik everytime can cancel the licence agreement with a periode of two weeks to the end of month.
§3 dues, provision
fore free.
§4 Valuation
eklassik has arranged a valuation system, here the members have to valuate each other after the execution of a transaction. This valuation system enables that a member can get a better estimation of the reliability of other members. eklassik doesn't check the valuations and it's possible that they are incorrect or misdirecting.
1. The member is obligated, to give only truthful valuations of other members and to care the law. The valuations about other members have to be objective.
2. Every misusage of the valuation system is forbidden. In particular it is forbidden to give untruthfully valuations, to give valuations about yourself or to use third persons to fake your own valuation system, to write things in the valuation that have nothing to do with this transaction and to use valuations to another aim as trade on the eklassik-platform.
3. eklassik can delete valuations, if there are concrete clues for a breach of this terms and conditions, of the eklassik-fundamentals or of the applicable law. It exists no right to get back deleted valuations.
4. If there are fulfilled some special requirements eklassik gives a quality-symbol. The eklassik quality-symbols acts only to ease the trade on the eklassik-website and it's forbidden to use them to another aim.
5. It's forbidden to use guarantee signs or other symbols of thirds, that should add the effect of member reliability and that are provided from that thirds for classification or valuation. But it is allowed to use such signs if eklassik authorise them.
§5 Data privacy
Personal data means data like for example name, address as soon as using data like for instance username, password and IP address.
1. After the end of bidding periode eklassik is allowed to transfer my name, my address, my email address and after separate former strict agreement also my delivery address and bank connection to my current trade partner (seller or buyer) for the purpose of conclude the contract. In the case that I'm a bidder, this only takes effect, if I had the highest or second highest bid. Other members are allowed to query all my current offered articles summarized in a list.
2. eklassik is basically allowed to customize my username and my valuation profil as soon as the valuation profiles I have wrote about other eklassik-members for all visitors on all eklassik-websites (eklassik.de, eklassik.com or other eklassik-websites). I know that I can decide myself, whether my valuation profile come out.
3. eklassik is allowed to handle and use my personal data for eklassik-marketing measures like for example for sending emails with general information or advertisement (newsletters). I notice that I have the option to cancel this information at any time. Namely under "Login > my data / settings > chance information settings". I agree that eklassik is allowed to handle and use my personal data for presenting me of my interests fitted offers in "Login". I can contradict this of my interests fitted offers in "Login".
4. If there is a suspicion of bogus auctions or other illegal or contrary to contract using of the performances eklassik is allowed to use or to hand on the personal data for investigation.
5. eklassik point out that eklassik bills sent to me by mail contains single certificates, for example about time, character, period, content or frequency of my use of the eklassik-websites.
§6 completion of a contract between members
Trade partners for offer and purchase are only the members that transact the contract among each other. The fulfilment of the contracts that are transacted on the eklassik-website only takes place between the members, too.
1. If there is a completition of a contract on the eklassik-website, eklassik informs the trade partners about the necessary data for approach between them.
2. The seller has to put his offer in the according category. It's necessary to describe the offer accurate and complete by words and images. At this the seller is responsible to inform truthful about everything that is important for the buying decision. For example defects that diminish the worth. The seller has to inform about all details of payment and delivery. Also the seller has to be able to transfer the products on offer to the buyer immediately after completion of the contract. Enterprisers that offers goods and services to customers are responsible to give them the lawful required consumer protection information and to inform them about the lawful right of rescission, if there is such a right.
3. The describtion and the used images must not breach the rights of others and have to refer only to the current offer. Advertisement on products that are not dealt on the eklassik-website is forbidden, as long as it's no eklassik authorized advertisement.
4. The price of an offer is always the endprice including the maybe accruing added value tax and other price components. The price includes not the delivery- and forwarding costs. In addition to the price, the seller is not allowed to claim further payments from the buyer like for example eklassik-dues and/or commission.
5. The members are not allowed to misuse the personal data of other eklassik members they get by using eklassik. Especially it is forbidden to use the personal data for advertisement or for sending undesirable advertisement or for any other purposes that aren't connected with eklassik.
6. eklassik reserves the right to change the adjustment on its platform within his fundamentals, as far as it is reasonable for the members.
7. If a member set up an article on the eklassik-website he makes a binding offer about this article. The seller place a deadline. Until this deadline the offer can be accepted by a bid (lifespan of the auction). The offer is addressed to the bidder, who set up the highest bid during the lifespan of the auction and fulfils possible additional conditions in the offer (for example certain evaluation criteria).
8. The bidder accepts the offer by making a bid. The bid goes out if another bidder makes an higher bid during the lifespan of the auction. Representative for the measurement of the lifespan of the online- auction is the official eklassik time. eklassik itself do not make bids and do not accept bids from members.
9. After the lifespan of the auction is over or in case of earlier abort by the seller a contract of purchase comes off between the seller and the bidder with the highest bid about the article the seller set up in the eklassik-website.
11. As long as an article is offered in an online-auction a member can offer the bidders another similar offer in an own auction on the eklassik-website. But it is not allowed to make them an offer on another way for example by email (deduct from bidders). This is also valid after the end of the lifespan of the auction.
12. Members are not allowed to manipulate the online-auctions on the eklassik-website. It is forbidden to manipulate auctions by using another member account and/or with the help of thirds. Especially it is forbidden to bid for own articles during the lifespan of the auction.
13. It is forbidden to offer the same article in more than one online-auctions at the same time. This is not forbidden if the seller is able to to offer several articles of the same typ and quality. But there is a limit of ten parallel auctions at the same time.
14. The seller is allowed to offer articles in any amount he wants. But all this articles have to be from the same typ and quality (for example on size, color, copy, brand, etc.).
15. Biding with the help of automatic data processing (for example with so called "siper"-programs) is forbidden.
§7 buy-now-articles (fixed price articles)
1. Under certain requirements members can set up offers as buy-now-articles (fixed price articles). A member can buy a fixed price article direct to the given price. Setting up a buy-now-article the member gives a binding offer for selling this article to a fixed price, that fulfils the possible additional in the offer fixed conditions (for example appointed evaluation criterions). A completion of a contract about the buying of the article come into being, as soon as a member fulfils the conditions of the offer, klicks on the button "buy-noW" and confirms the action with his password.
2. eklassik reserves to rename the "buy-noW" format.
§8 contract adoption by thirds
eklassik is authorized to assign its rights and duties of this contractual relationship complete or partial to a third party with a notice periode of four weeks. In this case the eklassik member is allowed to cancel the licence agreement after information of the contract adoption by email.
§9 release
The member release eklassik from all claims, that other members or thirds prove to eklassik because of hurts of their rights by an offer the member set into the eklassik-website, links, forum articles and other contens or because of other use of the eklassik-website, including the given valuations. The member takes over all costs of a necessary law suit of eklassik via the claimants, including the court fees and the legal fees.
§10 manipulation of the eklassik-Websites
1. The member isn't allowed to use mechanisms, software or other scripts in association with the use of the eklassik-website, that can disturb the functionality of the eklassik-website. The member isn't allowed to adopt measures, that implicates an unacceptable or inordinate debit of the eklassik infra structure. The member isn't allowed to block, overwrite or modify contents generated by the eklassik. Also it is forbidden to disturb eklassik in any way.
2. It is forbidden to copy, broadcast, duplicate or/and use the contents on the eklassik-website without the authorisation of the right owners.
§11 liability / system failure
1. eklassik is not liable for contracts concluded between members.
2. eklassik is only liable for the licence agreement with the members in case of purpose or gross carelessness.
This does not apply for hurts of essential duties under a contract.
The liability is limited on the typical damage that is predictable during the conclusion of a contract. There is no liability for the compensation of indirect damage, especially for escaped profit.
3. The members claim of using the eklassik-website and there functions exists only in the context of the current state of the art. Suspension constraints can occur by technical breakdowns like break down of electricity supply, hard- and software errors and so on. eklassik reserves the right to limit his performances occasionally, if this is necessary for example for the execution of technical measures.
4. There are orderly and announced maintenance rates, in this periodes some functions of eklassik are not reachable. Offers that end after the begin of the maintenance rate are not extended even though bidding and buying was not possible during this time.
5. In the case of unexpected system breakdowns that stop the using of the eklassik-websites or parts of it you will be informed by system messages.
6. Bids that get lost because of such errors have to be entered again after re-establishment of the functions. The members are conscious of this risk.
§12 written form, right, place of jurisdiction
1. All explanations fixed within the scope of the conclusion of the licence agreement with have to be send in written-form via email.
2. As far as the user is an enterpriser the licence agreement including this terms and conditions underlies the substantive law of the Federal Republic of Germany. If the user is a consumer the licence agreement including this terms and conditions underlies the law of the Federal Republic of Germany, as far as there are no compelling laws against it, especially consumer protection regulations.
3. If the member is a merchant in the sence of the commercial code, a governed by public law fund asset or an artificial person governed by public law Heilbronn is the exclusive place of jurisdiction in the case of conflicts in connection with the licence agreement and this terms and conditions.
§13 changes
1. eklassik reserves to change this terms and conditions at all times and without naming of reason. eklassik sends the changed conditions to the member via email at the latest in two weeks before taking effect. If the member doesn't contradict the application of the new terms and conditions within two weeks after reciving the email the new terms and conditions are considered as accepted. eklassik particularly refers to the meaning of the two-week-period in the email that contains the changed continions.
2. If a determination of these terms and conditions is ineffective, the other regulations remain untasted of it. The ineffective regulation is considered as by such replaced, which comes the sense and purpose of the ineffective regulation in legally effective way economically at the very next. The same applies for possible regulatory gaps.
I read and consent also the privacy policy and agree with the dealing of my personal data stated there.
