General Terms of Business of Boats24.com
§ 1 Scope of application - definitions
(1) The following terms and conditions shall apply to all legal relationships between Boot24 Networks GmbH (hereafter 'Boats24.com') and the person, firm or company who is the advertiser of a boat, vessel, marine/water craft, other related marine/water craft, product or service and any advertising agency or marine/yacht broker/trader acting on behalf of such a person, firm or company (hereafter 'dealers'),that arise through the use of the online platform Boats24.com.
(2) The terms 'boat' or 'boats' used below shall stand for the terms yachts, boats, vessel, marine/water craft, other related marine/water craft, product or service as well as combinations of the aforementioned terms and synonymous terms.
(3) Boats24.com reserves the right to modify the general terms of business at any time. Boats24.com shall notify the dealers of any such modification at least four weeks before their coming into force.
(4) Applicable for the contractual relationship between the boat buyer or charterer and the dealer are the contractual terms set by the dealer and the general terms of business where required.
(2) The terms 'boat' or 'boats' used below shall stand for the terms yachts, boats, vessel, marine/water craft, other related marine/water craft, product or service as well as combinations of the aforementioned terms and synonymous terms.
(3) Boats24.com reserves the right to modify the general terms of business at any time. Boats24.com shall notify the dealers of any such modification at least four weeks before their coming into force.
(4) Applicable for the contractual relationship between the boat buyer or charterer and the dealer are the contractual terms set by the dealer and the general terms of business where required.
§ 2 Description of Boats24.com service
(1) Boats24.com provides an Internet platform where boats can be presented. Boats24.com makes every reasonable effort to maintain the availability of the databank within technical and operational limits. Availability can temporarily be limited or interrupted owing to technical failures such as interruption of power supply, congestion or overload of the telecommunications network, technical problems of the service provider of the Internet or any other circumstances beyond the control of Boats24.com.
(2) The databank provided by Boats24.com is subject to regularly scheduled maintenance cycles and continuous further development in order to prevent serious interruptions of operation of the website, and to assure and improve the security of the server. For this reason, Boats24.com reserves the right to temporarily modify, suspend, discontinue, or restrict access to, all or any part of Boats24.com at any time. Notification of maintenance work shall be made timely.
(3) The layout and structure of the website shall be the responsibility of Boats24.com. We reserve the right to modify, reduce, enhance or edit the structure of the website without prior notice provided the aimed purpose of the legal relationship is not or not significantly impeded.
(2) The databank provided by Boats24.com is subject to regularly scheduled maintenance cycles and continuous further development in order to prevent serious interruptions of operation of the website, and to assure and improve the security of the server. For this reason, Boats24.com reserves the right to temporarily modify, suspend, discontinue, or restrict access to, all or any part of Boats24.com at any time. Notification of maintenance work shall be made timely.
(3) The layout and structure of the website shall be the responsibility of Boats24.com. We reserve the right to modify, reduce, enhance or edit the structure of the website without prior notice provided the aimed purpose of the legal relationship is not or not significantly impeded.
§ 3 Contribution of the users
(1) Dealers use the website of Boats24.com to publish genuine boat offers. The input mask provides the possibility to describe boats using the predefined criteria and unrestricted data entry. All entries shall be made truthfully and with due care. The essential characteristics of the boats shall be truthful.
(2) Misleading data or uploading of pictures that do not depict the boat which is the subject of the contract is not prohibited.
(3)The dealer assures that the uploaded pictures do not depict any living person, part of any living person, or any details by which any living person can be identified, unless the dealer has autorisation by that living person to do so.
(2) Misleading data or uploading of pictures that do not depict the boat which is the subject of the contract is not prohibited.
(3)The dealer assures that the uploaded pictures do not depict any living person, part of any living person, or any details by which any living person can be identified, unless the dealer has autorisation by that living person to do so.
§ 4 Boat specifications
(1) All information shall be shall be truthful and complete, including valid prices. The dealer is liable for the fact that the boat is available at the price stated in the presentation.
(2) External Internet addresses in the presentation text are not allowed as we intend to offer complete boat presentations that do not require further information. Email addresses and phone/fax numbers may only be entered in the designated fields.
(3) Each boat presentation shall refer to one single boat. Other boats of the dealer shall not be mentioned in the description.
(4) The dealer guarantees that the provided contents and information doesn't infringe the rights of third parties including copyright, trademark, trade secrets, privacy, publicity, personal or proprietary rights.
(2) External Internet addresses in the presentation text are not allowed as we intend to offer complete boat presentations that do not require further information. Email addresses and phone/fax numbers may only be entered in the designated fields.
(3) Each boat presentation shall refer to one single boat. Other boats of the dealer shall not be mentioned in the description.
(4) The dealer guarantees that the provided contents and information doesn't infringe the rights of third parties including copyright, trademark, trade secrets, privacy, publicity, personal or proprietary rights.
§ 5 Prices
(1) The fees as stated in the current price list in the menu point 'Services' shall apply.
(2) The prices are subject to VAT at the current rate provided that VAT is applicable under German law.
(3) Fees are due on the date of use of services. The payment method shall be quarterly retrospective payment in the form of a direct debit. We reserve the right to charge extra for any other form of payment. Should the payment not be possible at the time of payment due to not sufficient funds, the dealer is obliged to cover all the costs arising from the non-payment.
(4) Boats24.com has the right to hold the corresponding offers back, in case of a default of payment. Upon receipt of the payment, the offers shall be forwarded.
(5) Prices at Boats24.com are calculated in Euros, according to the current taxes, wage agreements, non-wage labour costs, telecommunications charges and trading conditions.
We reserve the right to change prices due to modified conditions. The dealers shall be notified of the price changes in writing or via email at least four weeks in advance. Unless the dealer objects to the new fees within the fours weeks before their going into effect, the fees are considered to be accepted. The dealer shall be informed of the consent resulting from the passage of time without objection once again in form of a notification of the new prices.
(6) The dealer shall only have the right to set off counterclaims, when the claim has been legally acknowledged, no objection is raised or Boats24.com has acknowledged this claim.
(2) The prices are subject to VAT at the current rate provided that VAT is applicable under German law.
(3) Fees are due on the date of use of services. The payment method shall be quarterly retrospective payment in the form of a direct debit. We reserve the right to charge extra for any other form of payment. Should the payment not be possible at the time of payment due to not sufficient funds, the dealer is obliged to cover all the costs arising from the non-payment.
(4) Boats24.com has the right to hold the corresponding offers back, in case of a default of payment. Upon receipt of the payment, the offers shall be forwarded.
(5) Prices at Boats24.com are calculated in Euros, according to the current taxes, wage agreements, non-wage labour costs, telecommunications charges and trading conditions.
We reserve the right to change prices due to modified conditions. The dealers shall be notified of the price changes in writing or via email at least four weeks in advance. Unless the dealer objects to the new fees within the fours weeks before their going into effect, the fees are considered to be accepted. The dealer shall be informed of the consent resulting from the passage of time without objection once again in form of a notification of the new prices.
(6) The dealer shall only have the right to set off counterclaims, when the claim has been legally acknowledged, no objection is raised or Boats24.com has acknowledged this claim.
§ 6 Contract period
(1) The contract comes into effect when the presentation order reaches Boats24.com by letter of by fax.
(2) The contract can be terminated by either party without a period of notice at the end of every month in writing, either by fax or by letter.
(2) The contract can be terminated by either party without a period of notice at the end of every month in writing, either by fax or by letter.
§ 7 Liability
(1) Unless in the case of breach of an essential contractual obligation (cardinal obligation), Boats24.com can only be held liable for damage caused by proven malicious or grossly negligent breach of contractual duty limited to typical foreseeable damage. Additionally, Boats24.com is liable according to the regulations of law and this contract, provided that liability for all cases of slight negligence is excluded.
(2) This limitation does not apply to liability for damages or injuries to life, body and health by either party.
(3) Boats24.com is not liable for any breach of agreement with a third party and the dealer, infringement or violation of any copyright, trade mark, or any other personal property of any person to any proceedings whatsoever through the reproduction and/or publication of the Advertising by Boats24.com as originally submitted or as amended.
(2) This limitation does not apply to liability for damages or injuries to life, body and health by either party.
(3) Boats24.com is not liable for any breach of agreement with a third party and the dealer, infringement or violation of any copyright, trade mark, or any other personal property of any person to any proceedings whatsoever through the reproduction and/or publication of the Advertising by Boats24.com as originally submitted or as amended.
§ 8 Data protection
(1) All data of our customers shall be treated confidentially.
(2) Personal data which Boats24.com receives in the course of the registration as well as to carry out services or communication services shall only be stored and processed to such extent as permitted by the customer or strict observance of relevant rules and regulations.
(2) Personal data which Boats24.com receives in the course of the registration as well as to carry out services or communication services shall only be stored and processed to such extent as permitted by the customer or strict observance of relevant rules and regulations.
§ 9 Applicable Law
(1) The place of jurisdiction is Hamburg, Germany to the extent permitted by law. The laws of the Federal Republic of Germany and the European Union shall be applicable.
§ 10 Final provisions
(1) The provisions included in this agreement include all valid provisions concerning the subject matter of the contract. No oral agreements exist. Previous agreements and provisions lose their validity at the time this agreements comes into force.
(2) Any changes of this agreement require written form. The same applies also to the very requirement of the written form.
(3) Should one or more regulations of these terms and conditions be ineffective this shall not result in the ineffectiveness of the overall contract. Any ineffective provision shall be replaced by the parties by an enforceable provision that most closely matches the intent of the original provision.
(2) Any changes of this agreement require written form. The same applies also to the very requirement of the written form.
(3) Should one or more regulations of these terms and conditions be ineffective this shall not result in the ineffectiveness of the overall contract. Any ineffective provision shall be replaced by the parties by an enforceable provision that most closely matches the intent of the original provision.
Should questions arise, please don't hesitate to contact us at
info@boot24.com.
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