§ 1 General statements
1. EP will register you as a customer for our online marketplace and take your publication orders solely on the basis of these General Terms and Conditions. On no account EP will become a contracting partner regarding the contracts between you and your customer that you have found through our online marketplace.
2. Your General Terms and Conditions will not become part of contracts concluded with us, even if we do not contradict them explicitly, unless we have agreed to your terms and conditions explicitly in writing.
3. You agree to register as a customer only in the context of your commercial or independent professional activity. We do not offer our services through the online marketplace to consumers.
4. You agree that we are entitled to transfer our existing contractual relationship with you to a company that is connected with us according to §§ 15 et seq. German Companies Act (“Aktiengesetz”).
§ 2 Changes to our General Terms and Conditions
1. At any time we are entitled to change or supplement these General Terms and Conditions with reasonable notice. In case of changes we will provide you with the new version and highlight the changes typographically. For new registrations the version of our General Terms and Conditions are applicable that are valid at the time of the registration.
2. If you do not object within 4 weeks after receipt of the modifications or additions release regarding our General Terms and Conditions, they will be effective as announced. If you do object within the aforementioned 4-week period, the contractual relationship with you will be continued with the previous conditions; but we reserve the right to terminate the contractual relationship at the earliest opportunity.
3. Are the changes and additions mandatory for us because of compelling legitimate reasons, our announcement obligation and your right to object is omitted. Changes and additions that are made on the basis of such binding legal reasons do not justify any claims for damages.
§ 3 Our performance, statistical analysis, data protection
1. The content and data that you have supplied will be provided by us on a server for Internet processing requests. We are not responsible for the data you supply. This refers in particular to the content, accuracy, timeliness, design and completeness of the data provided.
2. If you supply content and data and we do not publish them on our online marketplace as provided by you, you are entitled to immediate correction. The provisions of § 12 of these Terms and Conditions shall
3. You allow us the statistical evaluation of the data that is provided to us for the publication on our online marketplace.
4. We undertake to comply with the data protection regulations and use provided data only as permitted by law. We will not allow the download of address material. We have to point out that we have no influence on the use of the content that you have provided by other users of EP.
§ 4 Order processing
1. Your entries are published according to the scope of your order in up to 32 international languages.
2. Product and service names are the responsibility of the editors of EP.
3. The scope of translation services is governed by the respective order or offer.
4. Translations rest on the productive vocabulary (active vocabulary) of the target language.
§ 5 Your registration and termination
1. If the publication order is not issued in writing, a contract for the publication of your paid or free entry is concluded by sending the completed order online to us and by confirming the order on our part. You need to fill in the order form a truthfully and completely.
2. The contract for a paid publication is generally completed with a minimum term of 12 months.
3. You can terminate your contract for a paid publication by serving a notice of 3 months to the end of the agreed term. If you do not cancel your contract it is automatically renewed for a further 12 months. The notice of termination must be send in writing to „Exportpages International GmbH, Becker-Goering-Strasse 15, 76307 Karlsbad/Germany” or in text format to „email@example.com „. The possibility of termination for cause without notice shall remain unaffected.
§ 6 Payment for paid publications
1. For the term of the contract the price list valid at the time of concluding the contract applies.
2. The remuneration for paid publications on our online marketplace is due immediately and is payable in advance for the agreed contract period.
3. After the agreed contract period, we are entitled to adjust the prices with regards to the general development of costs within reasonable limits. If the price increases, you are entitled to cancel the contract within 14 days of receipt of the invoice with immediate effect.
4. All prices are net prices and the applicable sales tax will be added.
5. Payments are either collected in advance by direct debit from your provided bank account or made in advance by bank transfer.
6. Offsetting is permitted only with undisputed or legally established claims from the same legal relations-
7. If payment is delayed, for example by chargebacks, we have the right to block access to your data without notice. The payment obligation and the enforcement of statutory damages for delay shall not be affected in the event of blockage.
8. For cancellations or changes of orders for the publication of data on the Internet that reach EP within 14 days after receiving the order and our confirmation and beyond that before the publication of data, EP has the right to charge a fl at rate of 50% of the net order value. For all other cancellations the full price
9. To allow easy order processing, you provide EP no later than 14 days after the order is placed and confirmed with all data and information that is necessary for the performance of the contract for setting up your publication entry on our online marketplace. If any data and/ or information is sent to us with delay, we will still try proper order processing. However, consequences of the delay are not our responsibility, unless the delay is due to our fault.
§ 7 Acts by a commercial agent
1. Commitments from commercial agents of EP are not part of the contract unless we have expressly agreed to in writing.
2. Commercial agents of EP are not authorized to receive payments for EP.
§ 8 Your responsibilities and obligations
1. You affirm that you have the right to transfer and disseminate data supplied to us and that you observe on your part the data protection laws.
2. You are responsible for the content, accuracy, timeliness, design and completeness of the data provided. You explicitly state that these data are in compliance with the law in force. In this respect, you keep us indemnified from any penalties and claims incurred by us because of you rights violations.
3. You will notify us of recognizable defects and faults of obligations, of imminent dangers (eg. Because of viruses) and of evidence of misuse by third parties without delay and you will – within reasonable limits - take all necessary measures for the detection, localization and documentation of these defects and faults . Disadvantages that occur because of late notifi cations are not our responsibility.
§ 9 Suspension of your published entry
We are entitled to immediately block content and data, as well as links to other websites if we determine that a violation of applicable competition law, criminal law, copyright law or other legal requirements exists. This is especially true if you are providing information on prohibited pornographic material, on illegal trade in pharmaceuticals, weapons or drugs or on any other illegal activities. We shall also be entitled to an immediate suspension if we are served with a formal warning because of violation of competition law regulations. In addition, we may in these cases immediately terminate the contract. If possible, with regards to the suspension EP will adequately take into account your interests.
§ 10 Maintenance
We are entitled to carry out maintenance services on servers, databases, etc. We will keep disruptions of data retrieval as low as possible. In case of minor disturbances because of the disruptions you are not entitled to reduce the price, terminate the contract or claim compensation.
§ 11 Protection of access data
1. You ensure the confidentiality of access permissions towards unauthorized third parties and you ensure that only authorized users make use of you assigned login data.
2. If you acknowledge abuse of your login data, you will notify EP immediately.
3. If by your culpable violation of the confidentiality obligations unauthorized use by third parties is made possible, you are responsible for all damages and losses caused by the violation. This obligation shall survive the termination of the contract.
§ 12 Warranty and liability
1. We are committed to ensuring the accessibility of data stored on our servers 24 hours a day, 7 days a week. For only minor or brief impairments of the usability of the online marketplace and the accessibility of individual publications, any warranty is excluded.
2. For access restrictions, which are due to force majeure or other causes beyond our sphere of control, we also provide no warranty.
3. We reserve expressly the right to change our website as a whole or in individual parts without prior notice, and to also amend or delete parts without prior notice, as long as your own published entry is not affected.
4. In principle, a timely notice is a prerequisite for the remedy of faults and defects. Claims due to obvious defects which are not reported in writing within 2 weeks following acknowledgement, respectively the opportunity for acknowledgement, are excluded.
5. The warranty is provided primarily by rework/ repair. If the rework/ repair fails twice, you have the right to reduce the price or to cancel the contract.
6. We are liable in cases of intent or gross negligence on our part or on the part of a representative or agent as well as in cases of culpable caused injuries to life, body or health, in accordance with the statutory provisions. Our liability is limited in cases of gross negligence to the typical, foreseeable damage. In addition, we are only liable under the Product Liability Act and with regards to culpable violation of essential contractual obligations. However, the claim for damages for breach of essential contractual obligations is limited to the typical, foreseeable damage, if not at the same time an exceptions according to sentence 1 or 3 of this paragraph applies.
7. Our liability for damages shall not include the cost of restoring lost data.
§ 13 Miscellaneous
1. If any provision of the contract is or becomes invalid, the other provisions will remain valid.
2. The contract is subject to German law, excluding the conflict of law provisions and excluding the UN Sales Convention. Place of performance and place of jurisdiction is the registered office of EP.
3. These General Terms and Conditions are available in multiple languages, including English language. Relevant for the content of the General Terms and Conditions is only the English version. If the English version and other language versions of these Terms and Conditions differ from each other in terms of language, the English version shall prevail.
Head Office/Hauptsitz Exportpages International GmbH, Becker-Goering-Strasse 15, 76307 Karlsbad/Germany E-Mail firstname.lastname@example.org, Web www.exportpages.com
Sales Office/Vertriebsbüro Exportpages International GmbH, Kurfürstendamm 28, 10719 Berlin/Germany, Telefon +49 30 200737-0, Telefax +49 30 200737-77,