General Terms And Conditions
§ 1 General
The following general terms and conditions of business and sale (hereinafter “GTC”) include every subscription (hereinafter “SUBS”) concluded between obir.shop and the seller or advertiser (hereinafter “seller”) of a machine and its advertisement which will be published on the obir.shop website.
The platform www.obir.shop is operated by OBir Projektmanagement, Ludwig-Wilhelm-Str. 6, 76437 Rastatt (hereinafter “obir.shop”).
In line with the search operation, the potential buyers are identified by an obir.shop agent, on behalf of the seller. With this way, the relationship between the seller and the buyer is established. On the obir.shop platform, the sellers can advertise of machines and especially vehicles and equipment that are specifically used for industrial and agricultural usage.
The following general terms and conditions (GTC) regulate the legal relationship between obir.shop as the operator of the online platform and the users or sellers of the online service.
Website: The website, which is operated by obir.shop, serves the purpose of publishing or advertising offers concerning the sale of machines.
Operator Of The Website: The operator of the website is obir.shop.
Publication/Advertisement: A publication or an advertisement means that a seller publishes an advertisement to sell a machine with an offer on the website through a technical process,.
Machine: A machine is any vehicle and any equipment that is specifically used for industrial or agricultural purposes; mechanical device consisting of moving parts that transmits power or energy and saves human labour and carry out certain works with the help of it.
User: A user is a natural or legal person who uses the website and is a potential consumer.
Seller/Advertiser: Seller / advertiser is a natural or legal person with a registered user account who offers new and used machines for sale.
Consumer: A consumer is a natural or legal person who has created a user account in order to possibly purchase one of the advertised offers.
The purpose of these GTC is to define the mutual contractual obligations of obir.shop and the sellers, in particular with regard to the SUBS of obir.shop and all other services included in this regard, which are offered by obir.shop on the website.
3. Acceptance Of The General Terms And Conditions
The seller and consumer accept the SUBS conditions which are valid at that time by establishing a user account on the obir.shop website. These and possible updates are available to users at any time.
The seller agrees that by publishing an advertisement or an announcement are considered to start contract regarding a SUBS with obir.shop.
§ 2 Placement Of Advertisements By obir.shop
1. Topic Of The Services Of obir.shop
(1) Obir.shop acts as an independent agent, offers a contact service for consumers and sellers, while the legal obligation of the service is formed as a broker and not as a commission agent or agent.
For this purpose, obir.shop will support third party auctions to sell machines. obir.shop can also tackle mailing campaigns about a planned auction directly or through third parties in order to inform the sellers and buyers represented in its database.. Therefore, everyone who creates a user account on the obir.shop website agrees to receive information about such auctions. obir.shop will support relevant and necessary advertisements to identify potential buyers. For this purpose, advertisement can be also translated into different languages in order to increase the visibility of them, its reference and reach.
(2) obir.shop provides an input mask for the offers and acceptances for used, new and exhibition machines. obir.shop enables the availability of advertisements on the website for the period of time agreed with the advertiser by activating the advertisements which are placed through the input mask. The advertisers can independently register, change and delete their advertisements in the operator’s database.
(3) As soon as the advertisement is published on the website, obir.shop will search consumers regarding the published machine in the database, where potential consumers are already listed and it shall contact with various companies who may be interested in the seller’s machine.
(4) By entering content, the advertisers grant obir.shop the right to process of the entered content and to publish it on other internet platforms, such as in product comparison databases.
(5) For the development of the website, obir.shop reserves the right to develop and offer new services on behalf of the website. The right to update of the GTC is also reserved in case being necessary for the same aim. Should new GTC be required, these will be set up in the mutual interest of the parties and within the rules in the German Civil Code §§ 300 BGB.
The operator reserves the right to disable advertisements which contravene the terms of these GTC
2. Obligations Of The Advertiser / Seller
(1) Every seller / advertiser who publishes an advertisement on obir.shop is responsible for the content of his advertisement and the accuracy of the information stated there and is solely and exclusively liable for this. It is not the obligation of obir.shop as the operator to check if the advertisements affect the rights of third parties. The content of the advertisement must be entered completely and exact in the input form. Therefore, the advertiser exempts obir.shop from any claims asserted by third parties, which result on the illegality or false statements of his advertisement or other infringement of third party rights. The exemption also includes all costs such as trial expenses and attorney fees.
(2) The advertiser is obliged to expressly indicate in the obir.shop input form whether the machine is new or used. New machines and exposition machines are not allowed to be grouped as used machines. The buyer must be able to recognise whether it is a used machine.
(3) The original photos shall be used at the advertisements. The use of manufacturer logos instead of photos of the machine that are offered for sale is forbidden and it will be considered of invalid. The use of catalogue photos of the machines whose copyrights belong to third parties is forbidden. For the advertisement of a used machine it is also inadmissible to use a photo of a new machine from the same series. Real photographs of the machine must be used in the advertisements for used machines.
(4) The advertiser is obligated to give full and veridic names and address under the contact information. Anonymous advertisements will not be published and will be immediately deleted or blocked until the contact information has been completed.
(5) The advertiser is obligated to use a valid e-mail address and agrees to receive notification of inquiries about advertisements from obir.shop’s to this email address.
(6) Only advertisements that represent a specific offer for a concrete machine are permitted. The advertiser agrees that a general announcement / advertisement such as “all types of XY machines” are not allowed to be advertised. Advertisements of concrete machines are included in the database of obir.shop only provided that a description is entered in accordance with the technical data of the machines.
(7) Only one advertisement will be activated for an offer relating to a machine. The entry of advertisement for the same machine in different (sub-) categories is not allowed.
(8) The advertisements are protected with an independently password chosen by the advertiser/seller and without the having intervention of obir.shop. On the protection of the password obir.shop has no influence. The protection is in the sole responsibility of the advertiser / seller. It is not guaranteed the risks of being obtained of this password, changed or deleted of the advertisements without the permission of the advertiser. The operator is not liable for this.
(9) If the machine is no longer up for sale or has been destroyed before the conclusion of a contract between the buyer and the seller, the seller has to inform obir.shop and the consumer immediately. The seller may be allowed to present a different machine to the consumer than the one initial presented in the advertisement.
3. Freedom Of Choice For Advertisers / Sellers
In case there are several potential buyers, each seller has unrestricted freedom of choice to sell his / her machines by evaluating which offer would be best.
The seller can prefer a consumer based on one of the following criteria:
In case there is contact between the interested party / consumer and seller, it is the responsibility of the interested party / consumer to verify the information about the advertised product with the seller before the conclusion of the contract. obir.shop is never a partner or representative of the potential sales contract, it is not the contract party or its representative, in the delivery of the contractually agreed machine or in the payment of the purchase price agreed between the parties. Hereby the interested party / consumer expressly accepts and agrees that the conclusion of purchase contracts with regard to the advertised machines is not guaranteed by obir.shop. These are presented by the seller and under his solely responsibility.
4. Removal And Deactivation Of Advertisements
(1) obir.shop reserves the right to refuse, change or delete advertisements considered as invalid. The advertiser / seller has not the claim of publication of advertisements against obir.shop. Individual advertisers / sellers can be permanently excluded by obir.shop from the use of the website’s online services. This is especially the case if advertisers are in a competitive relationship with obir.shop due to their legal position.
(2) The advertiser / seller has to defray the incurred costs and in especially the costs from and in connection with the registration and servicing of advertisements. This also applies if obir.shop changes, deletes or refuses advertisements due to the inadmissibility.
(3) The advertiser / seller can delete his advertisements at any time using the password that he chose for his registration.
5. Term Of The Advertisements
(1) The advertisements have a maximum term of 180 (one hundred and eighty) days.
(2) The advertisements are automatically deleted after this term from the operator’s database. The term of the contract remains unaffected.
§ 3 The Constitution of Subscription Contract for advertising
1. Regulations on constitution of the subscription, payment, term and termination
A SUBS shall be needed to constitute for the placing of an advertisement on obir.shop.
A monthly subscription fee is net 9.99 € Euros for the commercial sale of new and used machines. The constitution of a SUBS allows the advertiser / seller to place an unlimited number of advertisements on the obir.shop website.
The agreed fee of SUBS are always due and payable at the beginning of the agreed payment period (monthly). The subscriber can choose one of the payment methods specified on our website. The fee of SUBS are due at the beginning of each month.
If the invoice amount is not received by obir.shop completely and implicitly on the due date, obir.shop is entitled to block the advertiser’s advertisements for the duration of the outstanding payment. The enforcement of further claims for damages and other claims by the operator against the advertiser stay unaffected.
A contract is entered into for an indefinite period of time by constitution a subs.This contract or subs is automatically extended for a further month at the end of the respective subscription period, without the need for a declaration of intention by a contract party, if they are not cancelled by the subscriber.
The termination provision for the SUBS are flexible formed. The subscriber can cancel the SUBS monthly without giving any reasons. The SUBS can be cancelled by the subscriber via email. The addressee of the e-mail address is email@example.com. If the subscriber cannot use this option, the cancellation can also be declared in writing or in text form to obir.shop (Address given in the imprint).
If the SUBS should be cancelled, the respective advertisements / offers will be deactivated and deleted after 6 weeks.
The use of the obir.shop website is exempt from charges for users. In order to be able to see the contact details of the advertisers / sellers, users must register and log in on the website. If at a later date the user wants their user account to be upgraded to a seller account, this is possible at any time and implies a constitution of a SUBS under the conditions mentioned above.
§ 4 Liability
(1) On negotiations that take place between the seller and the consumer with relation to the placement services of obir.shop, obir.shop is not taking place at any time. Therefore, obir.shop will never be a party of the purchase contract, which is constituted between the seller and the consumer. Therefore, obir.shop cannot be liable for the commitments based on contractual agreements and claims.
(2) obir.shop cannot be held responsible for breaches of duty with regard to the purchase contract, because obir.shop is not a contractual partner at any time. obir.shop is not liable for any deficiency in title or defects as to quality. The seller takes sole responsibility for any deficiency in title or defects as to quality and is obligated to removal of defects appropriate the German Civil Code §§ 434, 439 BGB. The seller guarantees, that the machine which is presented in the advertisement equals the description. The machine shall not have any other faults on delivery than those described in the advertisement. For all commitments regarding to hidden defects is the seller solely responsible. This non liability applies especially to the used machines advertised.
(3) In line with the contractual freedom the parties are free to negotiate conditions and delivery times of the machine.
(4) The seller shall inform obir.shop immediately in the case the machine has been delivered as agreed on the delivery conditions or if it has been supplied to the consumer by the seller.
(5) obir.shop takes no warranty for the topicality, correctness, completeness or quality of the provided information. The content of the published information by users will not be checked by obir.shop. The liability of obir.shop is excluded regarding the content of the provided information by users. Therefore obir.shop is not responsible for any claims resulting from incorrect information.
(6) All offer of information are without obligation and non-binding. obir.shop is not responsible for mistakes or omissions. For the suitability of the product which is used for sale of other purposes obir.shop does not assume any liability.
(7) The seller declares and guarantees that obir.shop will be exempted from all claims and lawsuits pleaded by a consumer against the seller regarding to the purchase contract.
§ 5 Intellectual Property
(1) The users cannot claims any rights according to the intellectual property of obir.shop. The intellectual property belongs solely to obir.shop.
(2) If third parties want the further processing and using of obir.shop advertising in any kind of media on other websites, this requires the prior written permission from obir.shop.
(3) For graphics, audio documents, video sequence, texts and other objects which are used on the obir.shop website, obir.shop keeps the copyright. If any duplication of such objects in other electronic or printed publications such as magazines is intended, it requires the prior written permission from obir.shop.
(4) All brands and trademarks named in internet offers on the obir.shop website which possibly protected by third parties are liable absolute to the provisions of the valid trademark law and the rights of the respective registered rights holder.
(5) Any kind of data and content of any kind in form of photos, videos and / or texts which are uploaded to the sales platform of the obir.shop website become the property of obir.shop. Therefore obir.shop can dispose of this property and use it for advertising and for all other purposes.
§ 6 Modification of General Terms and Conditions
(1) The GTC can be adapt if it is necessary due to developments on the website. Especially if these could not be foreseen on the conclusion of the contract, were not affected by obir.shop or could not be influenced. With essential rules the type of the contractually agreed services, the contract duration and the termination provision are meant. If it is necessary to adapt the GTC to solve intricacy due to loopholes in the contract, the GTC can be changed. This may occur when the judicature regarding the validity of these GTC changes, when one or more provisions of these GTC are declared void by the judicature or when an amendment leads to the invalidity of one or more provisions of these GTC.
(2) The customer shall be informed about the changes of the GTC at least six weeks before the entering into force. If the changes are not exclusively in the favor of the customer, the customer has the right to cancel the contract in writing (e.g. by letter or email) without observing a notice period at the time the change entering into force.
§ 7 Right Of Withdrawal And Cancellation Policy
Consumers in the term of the statutory provisions can revoke this contract with a written (letter, e-mail) notification sent to obir.shop within 2 weeks from the conclusion of this contract without stating a reason. The termination period shall commence upon receipt of this notification in writing. In case the seller advertise on the obir.shop website and use a service of it within this period, then it will be considered as withdrawal of this right.
§ 8 Obligation Of Confidentiality
The seller hereby undertakes to keep all confidential information and documents which are transmitted to him in connection with the conclusion of the contract during the terms of the contract management and after the expiration of the contract secret. The seller hereby also undertakes not to record, transfer them to someone, dispose or make them accessible to unauthorized persons.
§ 9 Final Clause
(1) Should single clauses of the agreements contained in these GTC be or become ineffective or unfeasible in case of the German Civil Code § 306 BGB, this shall not affect the validity of the remaining content. The omitted or unfeasible clause is to be replaced by a provision that comes as close as possible to the economic purpose of the omitted provision. This applies accordingly if there are contractual gaps.
(2) Serious changes and additions to this contract are only valid if they are made in writing and signed by the parties, whereby the parties’ intention to change or add is visible.
§ 10 Court of Jurisdiction
The law of the Federal Republic of Germany applies exclusively to these general terms and conditions. In the case of disputes arising from the constitution, implementation or termination of this contract, the parties agree that the court of jurisdiction is Rastatt District Court.