§ 1 Scope, change
The use of our Platform gebrauchte-veranstaltungsechnik.de is subject to the following Terms and Conditions. Deviations from the user conditions are not accepted, unless we agree to them in writing.
The contract party of the user agreement is:
Medien Koch UG (haftungsbeschraenkt)
CEO: Marcel Koch
§ 2 Description of Services
used-stage-equipment.com is an independent and easy-to-use internet platform for the sale and / or purchase of used items from the event technology sector.
On our platform we offer the user, after proper registration, the option to publish sales offers/advertisements for free. Hereby we do not act as a contract party, and we only provide our platform as a service provider.
Contractual relations between us and the users of the platform only exists in so far as we provide the user a platform to advertise, supply and sell goods, on which products can be offered for sale. Since we do not act as a seller, purchase agreements may exist between us and the buyer. Neither will we act as a representative, an agent or an intermediary between the users. Activities carried by us are always without obligation.
The users themselves are responsible for the execution of the concluded contracts - in particular the shipment of goods, payment methods, and delivery -. We are not liable for the accuracy, the completeness, the subject of the information, or for the availability of the offers placed.
Placed offers will expire after a period of 90 days. The user is informed by email about the pending termination and is, as a result of this notification, entitled to extend the offer. Already expired offers / advertisements can be reactivated within 12 months through the account of the user.
§ 3 Registration and User Account
ZOnly legally competent individual persons with a minimum age of 18 and legal entities are entitled to participate on the platform. The registration will take place by accurate and truthful completion of the provided registration form. After the successful registration, the user will receive an email with an activation code to activate his account. The use of multiple user accounts through multiple registrations is not permitted.
The users must notify us immediately of any change in information following the registration. An independent review of the accuracy of the provided data cannot be guaranteed by us. If, during the registration process, false or incomplete information is provided, we reserve the right to exclude the user immediately from the platform. We also reserve the right to reject a user at our sole discretion, as well as the right to refuse our services within the content of our platform.
§ 4 onclusion between members
The purchase agreement regarding the products offered on the platform is exclusively concluded between the respective seller and buyer, and according to the agreed conditions between the contract parties.
The seller has the responsibility to send the goods to the buyer according to the promised availability. The buyer has to pay the agreed price through the payment method offered by the seller. Any disputes in connection to the purchases have to be resolved between parties themselves, without any intervention on our part. We are not obligated to arbitrate between parties or enforce the compliance of these agreements. In the event that we do undertake measures, they are not binding.
§ 5 Prohibited items and content
The users are not allowed to offer items on the platform, where the offer, the sale or the purchase violates legal regulations, common decency or infringes the rights of third parties.
The offering of new products, in particular special or unused inventory equipment, is allowed in individual cases, as long as those advertisements are not used for the sole purpose of advertising.
The multiple placements of sales offers is forbidden. An offer in the form of a link to another advertisement or online webshop, or links to parts of such sites, is not allowed.
As a seller the user is responsible for compliance with the applicable legislation, in particular the rules on the information about sales on distance and notification requirements. They must also ensure that they are entitled to sell the offered items, in particular that no third party rights exist regarding these items, which could prevent their lawful sale. The sale, as well as the purchase of the goods offered on the internet platform takes place at the sole risk of the user.
We do not guarantee that the offered items are lawfully marketed, and comply with the described qualities. There exists no liability on our part.
§ 6 Fees, commissions
The placement of articles on our platform is free. .
§ 7 Data Protection
§ 8 Suspension, cancellation
In case of infringement of the applicable legislation, unlawful violation of the rights of third parties or in case of breach of these terms and conditions, we reserve the right to suspend the content or the responsible user, temporarily or permanently, to modify the content or to take other appropriate countermeasures. This includes the right to permanently exclude the user from the gebrauchte-veranstaltungstechnik.de platform, by giving notice, and to permanently delete the offers concerned.
§ 9 Service interruption, maintenance, termination of services
We reserve the right to modify the appearance of the platform or to terminate, at any time, access to the platform, partly or entirely, at our solely discretion and without prior notice and without the obligation to provide any reason. We cannot guarantee the continuous availability of the site during maintenance, technical failures or force majeure. The users do not have any claim in regards to the permanent availability and accessibility of the gebrauchte-veranstaltungstechnik.de platform.
§ 10 Liability, Indemnity
Any claim for compensation by a user is excluded, such as claims for damages arising from life, limb or health injuries, or arising from the violation of essential contractual obligations (cardinal obligations), as well as liability for other damages based on an intentional or grossly negligent breach of obligations of the provider, their legal representatives or agents. Essential contractual obligations are those of which the performance is essential to achieve the objective of the contract.
In case of a breach of essential contractual obligations, we are only liable for the typical, foreseeable damage, caused by severe negligence, unless the customer claims compensation for injury to life, body or health. The restrictions of paragraphs 1 and 2 also apply to our legal representatives and agents, in the event that claims are directly asserted against them.
We are only liable for a loss of data for the amount of expenses which arise when the user regularly, and with the appropriate technical means, has made backups and has ensured that lost data can be recovered at a reasonable cost.
Users must inform us immediately of any claims by third parties arising due to the use of the platform. The users have the explicit obligation to indemnify and secure us against any claim by third parties regarding to intellectual property rights, for example for content that was placed on the platform. This applies in particular to all texts, images, sequences of images, characteristics, used in whole or part of an offer. We reserve the right to hold the user accountable for all moral and material damages resulting from such claims and wrongful use of the site.
§ 11 Final provisions
The legal relations between us and the users are solely regulated by the laws of the Federal Republic of Germany, with the exclusion of the UN-CISG.Contract language is german.
As far as the user concerns a merchant, a legal entity of public law or a public special fund, the competent jurisdiction for all contractual disputes arising from contractual relationships between us and the user, is at our headquarters in 73666 Baltmannsweiler.
Changes to these Terms and Conditions will be communicated on our platform or via email. If the user does not reject the changes within two weeks after receipt of the notice of the change, the changed conditions will be considered as accepted. In case of disapproval, we reserve the right to exclude the respective user from the platform.