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General terms and conditions for the use of the induplace trading platform

“Please note that the German version of the GTC take priority”

These general terms and conditions ("GTC") regulate the use of the internet trading platform induplace, which can be accessed under the domains induplace.at, induplace.ch, induplace.de, as well as all subdomains belonging to these domains (hereinafter also "induplace website") .

1. General

(1) induplace is operated by Sedata induplace.de GmbH, Eiffestr. 68, 20537 Hamburg (hereinafter referred to as "induplace"). It is an online marketplace (hereinafter referred to as "Marketplace") on which goods and services of all kinds (hereinafter "Articles") are offered.

(2) induplace offers all entrepreneurs who have registered with induplace for a commercial member account the opportunity to offer articles (hereinafter referred to as "providers"). Consumers and / or entrepreneurs can act as buyers of the articles, who can buy articles as a guest without registration or as a registered member with a private member account (hereinafter referred to as “buyer”). Consumers must be over 18 years of age and have unlimited legal capacity. If members are mentioned below, this means all providers and buyers with a member account.

(3) A consumer in the sense of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

(4) On the marketplace, contracts are concluded between providers and buyers, whereby induplace only provides the technical and organizational infrastructure to ensure that the contractual relationships run smoothly. induplace does not become a contractual partner itself - unless a) it is explicitly about offers from the seller with the seller name "induplace_Verkauf" (in this case, "induplace_Verkauf" provides items for sale as the seller, whereby the terms and conditions mentioned by "induplace_Verkauf") apply) or b) induplace acts as buyer towards the provider / seller.

(5) We are neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board

2. Registration as a member, procedure and requirements

(1) Membership at induplace requires registration as a member with consent to these terms and conditions. Registration is free. After completing the registration, a member account is created. A contract for the use of induplace (hereinafter referred to as the “contract of use”) is thus concluded between induplace and the member in accordance with the provisions of these terms and conditions.

(2) Successful registration as a member of induplace is only possible if the following requirements are met:

  • Members can be all natural and legal persons and partnerships.
  • All queries for the registration process have been filled out completely and truthfully.
  • Natural persons must be over 18 years of age and have unlimited legal capacity.
  • Members must provide a deliverable address in Germany, Austria or Switzerland when registering.
  • Anyone who, as an entrepreneur, would like to offer articles to consumers via induplace must register as a commercial member.
  • With the registration, the declaration must be made that the goods will be shipped from the location specified as the registration location in the registration. Exceptions are commercial members who send goods via external warehouses.

(3) By registering, you must confirm that all the data provided by the member is complete and correct, in particular that the email address provided is valid and can generally be reached in the future. Registration at e-mail addresses that are only available temporarily is not permitted. If the data given there change after registration, the member must correct the information in his member account immediately. If incorrect data is given when registering, induplace is entitled to immediately block the member concerned, delete the member account and terminate the user contract extraordinarily.

(4) When registering, the member chooses a username and password. The member name must not violate the rights of third parties, in particular the rights of names or trademarks, and also not offend against common decency. The member undertakes to ensure that unauthorized third parties do not gain knowledge of the password. If there are any indications for this, the member is obliged to inform induplace immediately. Members are generally liable for all activities that are carried out using their member account. induplace will at no time pass on a member's password to third parties or ask a member for the password by email or telephone.

(5) Membership in induplace is not transferable. Every natural or legal person may only register once with induplace. Multiple registrations require the prior consent of smartive.

(6) Successful membership registration takes place when the member receives an email notification from induplace. induplace reserves the right to refuse memberships.

(7) induplace carries out a verification for every commercial member account and every registrant agrees to this. Although this guarantees a higher probability of the correctness of the identity of the provider, induplace can only check the data stored during registration to a limited extent. A guarantee for the correctness of the data deposited by the respective members can therefore not be given. It cannot therefore be ruled out that incorrect contact details have been entered for a member account.

3. Obligations of the provider

(1) Members may not use any mechanisms, software or other routines in connection with the use of induplace, which can disrupt the function of induplace or which place an unreasonable or excessive load on the induplace infrastructure mean.

(2) The content stored on induplace may not be copied, distributed, made publicly accessible, used or reproduced in any other way without the prior consent of the rights holder. This also applies to copying by means of "robot / crawler" search engine technologies or other automatic mechanisms.

(3) The providers are responsible for the content of their offers themselves. The providers are obliged to follow the applicable laws when using induplace and to ensure that the content posted is lawful and that the rights of third parties are not violated. induplace does not check the content published by the providers on the induplace website and does not assume any liability for the correctness and completeness of the information and explanations given with regard to the articles, the articles offered as such or the behavior and performance of the provider.

(4) Addresses, contact details and e-mail addresses of other members that providers have received in the course of using induplace may not be used for purposes other than contractual or pre-contractual communication as part of the use of the marketplace. In particular, it is forbidden to resell data or to use it for sending advertising, unless the respective member has expressly consented to such use in advance.

(5) The provider undertakes to truthfully provide all information in the context of the product or service description of his offer that is of interest for the assessment of the offer, including delivery time, payment processing, possible delivery reservations , Power of disposal. Errors that significantly reduce the value of the item or service must be disclosed.

(6) In the context of the description of an article, it is not permitted to advertise other articles or other websites or information that does not exclusively describe the article on offer. Pornographic articles may not be posted and will be deleted by induplace.

(7) Multiple settings of an article may not be made, regardless of whether a setting is to be made in the same or different categories. Multiple settings are only possible if the article is actually available several times (in the appropriate quantity) from the provider.

(8) Anyone who, as a commercial supplier, offers articles to consumers has statutory information obligations towards the consumer. For this purpose, the provider has to provide general terms and conditions with customer information to inform and instruct consumers about the existing statutory right of withdrawal and to use a provider identification corresponding to the statutory provisions.

4. Termination of the license agreement, induplace rights

(1) induplace and members are entitled to terminate the user contract at any time with a notice period of two weeks to the end of the month by means of a declaration in writing. In the event of suspected fraud, induplace is entitled to terminate the user contract at any time and to delete the account of the member concerned.

(2) If there are concrete indications that a member is violating legal regulations, third party rights or pursuing fraudulent intent, induplace can at its own discretion, taking into account the legitimate interests of the respective member:

  1. Delete offers or other content of the member,

  2. restrict or restrict the member's use of the marketplace,

  3. Warning members,

  4. Temporarily block the member account.

(3) An extraordinary termination of the user relationship or a final blocking of the member account are particularly possible if

  1. the member provided incorrect information during registration,

  2. the functionality of the marketplace is damaged or impaired by the member,

  3. or violations of other legal regulations, rights of third parties exist.

(4) In the event of an extraordinary termination by induplace, the member is not entitled to re-register with induplace. The extraordinary terminations can be made by induplace further accounts of the affected member may be pronounced.

(5) In order to ensure the proper operation of the marketplace and in the interests of the providers, induplace is entitled to assign offers to a product category other than the one selected by the provider or to change the contents of the offers (title, description, etc.) .

5. Fees and commissions, billing

(1) Sellers are not charged an offer fee, but only a sales commission. The following performance-related sales commissions apply to commercial providers, which are to be paid by the provider to induplace (information plus statutory VAT):

5.0% of the sales price plus the calculated shipping costs.

(2) The member receives an invoice by email to the email address provided during registration. The invoice amount is due immediately. Members are in arrears without further reminders after 7 days after the invoice has been sent. In the event of default, induplace reserves the right to temporarily block the member account. The members are responsible for ensuring that the email address provided is correct and that the emails do not end up in the members' spam folder or that these spam folders are also monitored by induplace for incoming emails.

6. Responsibility, liability

(1) The providers are solely responsible for the content of their offers. In particular, induplace is not responsible for the correctness of the item description, the item properties, the prices or the availability of the item offered, the legal admissibility of the offers or the other conduct of the provider. Responsibility like that of a member is only given if induplace itself acts as a provider.

(2) induplace creates the technical prerequisites for providers to make their offers legally compliant - but if the providers do not take advantage of this option, induplace cannot be responsible for possible legal violations in the offers of third parties be made.

(3) Since data communication via the Internet cannot be guaranteed to be error-free and / or available at all times according to the current state of technology and computer programs and data processing systems cannot be operated completely error-free, induplace cannot accept any liability for take over the constant and uninterrupted availability of the induplace website or the technical systems of the marketplace and do not guarantee this.

(4) induplace reserves the right to keep the website temporarily unavailable for maintenance or other reasons for which induplace is responsible. induplace also reserves the right to send information emails to members and / or buyers that induplace deems necessary. Furthermore, induplace reserves the right to use uploaded photos of the seller within its own publications.

(5) induplace is liable to the member for all contractual, contractual and legal, including tortious claims for damages and reimbursement of expenses as follows:

6.1 induplace has unlimited liability for any legal reason

  • in the event of willful intent or gross negligence,
  • in the event of willful or negligent harm to life, body or health,
  • on the basis of a guarantee promise, unless otherwise regulated in this regard,
  • due to mandatory liability such as under the Product Liability Act.

6.2 If induplace negligently breaches an essential contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless unlimited liability is assumed in accordance with the preceding paragraph. Essential contractual obligations are obligations that the contract imposes on the member according to its content to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and compliance with which can be regularly trusted.

6.3 Otherwise, induplace does not accept any liability.

6.4 The above liability regulations also apply with regard to induplace's liability for its vicarious agents and legal representatives.

6.5. Claims for liability based on the Product Liability Act remain unaffected.

7. Indemnification

(1) The provider exempts induplace from all claims that other providers / buyers or other third parties may make against induplace due to infringement of their rights through offers and content posted by the provider in induplace or due to its other use of the marketplace (including the reviews submitted by it) assert. In this respect, the provider also bears the costs of any necessary legal defense by induplace against such third-party claims, including all court and lawyer fees.

(2) Should third parties direct claims according to (1) to induplace, the provider will immediately provide induplace with all information that is necessary for the examination of the claims of the third party and the defense on the part of induplace against such claims.

8. Conclusion of the contract

(1) The conclusion of the contract at induplace is regulated as follows:

- If a seller uses induplace to list an article in fixed price format, he submits a binding offer to conclude a contract for this article.

- The buyer accepts the offer by placing the item in the shopping cart (if available) and completing the immediately following payment process

- If an article is deleted by induplace before the end of the offer period, no effective contract is concluded between the buyer and seller.

(2) The customer must go through the following technical steps to submit his offer to induplace:

On the provider's offer page, the customer first clicks on the "Add to cart" button and then goes through the further steps specified by induplace. The customer can choose whether to log into his existing member account to place the order, whether to create a new member account for the order, or whether to execute the order without logging in as a "guest". Finally, the customer or guest buyer clicks on the "Order with obligation to pay" button.

(3) The contract text is saved by the provider and sent to the buyer in text form (e.g. e-mail, fax or letter) along with the present terms and conditions and customer information after the contract has been concluded. Any further provision of the contract text by the seller himself does not take place. In addition, the text of the contract is archived at induplace and can be called up by the customer free of charge by specifying the corresponding article number at www.induplace.de.

(4) In the above procedure, the buyer can recognize, check and correct his entries as follows:

After clicking the input button ("Add to shopping cart"), the buyer can check his input on the following confirmation pages again. If he would like to correct his entries, he can change the quantity within the shopping cart or remove an offer or cancel the process by closing the browser window and calling up the induplace article page again later. The desired corrections can then be made again using the usual keyboard and mouse functions in the corresponding input fields.

(5) Only the German language is available for the conclusion of the contract

(6) The order processing and contact usually take place via email and automated order processing. The customer must ensure that the e-mail address provided by him for processing the order is correct, so that the e-mails initiated and sent by the seller via induplace can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned to process the order can be delivered.

9. Prices and terms of payment

(1) The prices given by the provider for its offers are total prices. Sales tax is not shown if the seller is a small business owner within the meaning of the UStG. Any additional delivery and shipping costs are indicated separately in the respective product description.

(2) The buyer has various payment options available, which are specified on the respective offer page of the provider at induplace.

10. Scoring system

(1) induplace provides a rating system on its website which members can use to express their satisfaction with the transaction with the contractual partner. In the context of this evaluation, the members have to comply with the statutory provisions, only give factual evaluations and refrain from expressing defamatory criticism.

(2) induplace does not check reviews in advance and can therefore not accept any liability for their content-related accuracy.

(3) Members are prohibited from

(a) actually give inaccurate, untrue reviews,

(b) to post reviews about yourself or to induce third parties to

(c) to include circumstances in evaluations that are not related to the execution of the underlying contract on induplace,

(4) induplace is entitled, at any time and at its own discretion, to delete or change ratings that do not meet the aforementioned standards.

(5) induplace may make the respective member name and the respective evaluation profile as well as the evaluation comments left by a member for other induplace members accessible to all visitors to induplace, even after membership is terminated or blocked by induplace.

(6) The buyer agrees to receive a so-called feedback e-mail after the purchase, in which he is asked to rate his purchase experience or the seller.

11. Contractual relationship in a transaction between the provider and induplace as buyer

(1) When purchasing induplace from the provider, induplace is the provider's contractual partner. The right of withdrawal on which this is based applies.

(2) Right of withdrawal

Cancellation policy

Right of withdrawal

induplace has the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which induplace or a third party named by induplace who is not the carrier took possession of the last goods.

In order to exercise the right of withdrawal, induplace (Sedata induplace.de GmbH, Eiffestr. 68, 20537 Hamburg, service {at} induplace.de ) by means of a clear statement (e.g. a letter sent by post, fax or email) inform the provider of the decision to withdraw from this contract.

To meet the withdrawal deadline, it is sufficient for induplace to notify you that you are exercising the Right of withdrawal to the provider before the withdrawal period has expired and the article to the Provider address contained in the order confirmation stating the order number returns.

Consequences of the withdrawal

If induplace cancels this contract, the provider induplace has all payments it has received from induplace, including delivery costs, to be repaid immediately and at the latest within fourteen days from the date on which the notification of the revocation of this contract has been received by the provider. The provider uses for this repayment Bank transfer as a means of payment or PayPal, if this means of payment was used for the purchase.

The providers bear the direct costs of returning the goods. For goods that, due to their nature cannot normally be returned by post, the cost is EUR 49.00. induplace needs for any Loss of value of the goods only arise if this loss of value is due to an examination of the condition, properties and functionality of the goods is not due to the need for handling induplace.

End of the cancellation policy

(3) The warranty right applies on the part of the provider and is not excluded.

12. Final provisions, changes to the General Terms and Conditions

(1) The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.

(2) If the member acts as a merchant, legal entity under public law or special fund under public law based in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is Hanover. If the buyer is based outside the territory of the Federal Republic of Germany, the provider's place of business is the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims from the contract can be attributed to the professional or commercial activity of the customer. In the above cases, however, the provider is always entitled to call the court at the buyer's registered office.

(3) induplace will notify all registered users of any changes to these terms and conditions by e-mail to the e-mail address provided during registration and which has not been changed in the meantime. If the new terms and conditions are not contradicted within 14 days (objection period) after notification or if the member's access is still used after this objection period has expired, the new terms and conditions are deemed to have been accepted. Induplace will point this out again separately in the notification e-mail. All offers already running at the time the new terms and conditions come into force remain unaffected by the change - these are subject to the terms and conditions applicable at the time the offer is entered. In the event of an objection, the contractual relationship ends when the new terms and conditions come into force.

(4) If a provision of these terms and conditions is ineffective, the remaining provisions remain unaffected. The ineffective provision is deemed to be replaced by one that comes closest to the meaning and purpose of the ineffective provision in a legally effective manner. The same applies to any loopholes.