Terms and Conditions – Boats 24

These Terms and Conditions apply for all business relationships between Boot 24 networks GmbH, Holzbrücke 7. 20459 Hamburg (referred to as Boot 24) and retailers, private and commercial (combined referred to as retailers), which use the online-marketplace www.boot24.com.

The retailers accept these Terms and Conditions by checking the corresponding checkbox during the registration and/or placement of their offer.

Right of revocation

Retailers, which are consumers according to § 13 of the Bürgerliches Gesetzbuch (BGB), have the following right of revocation:
You have the right to revoke this contract without giving reasons within 14 days.
The revocation period is 14 days from the time of the conclusion of the contract.

To revoke the contract, you have to inform us (Boot 24 networks GmbH, Holzbrücke 7, 20459 Hamburg, Tel. 040 - 244 249-360, Fax: 040 - 244 249-713, info@boot24.com) notice by use of a unambiguous statement (by mail, telefax or e-mail) that you have decided to revoke this contract. You can use the supplied form of revocation which is not mandatory.

To maintain the revocation period it is satisfactory that you send the information of your decision to revoke this contract before the period is over.

Consequences of revocation
When you revoke this contract, we are obligated to refund all payments that we have received from you, including shipping costs (not meaning costs, that relate to a special type of delivery as which we offer as standard shipping) as soon as possible latest within 14 days from the day we received your statement of revocation. If nothing different is agreed we refund the payments using the same payment method which you have used; there will be no additional costs by any means.
If you have requested that the service shall begin before the end of the period of revocation, you have to pay a reasonable amount which corresponds to the amount of time that we have supplied the ordered service until the time you decide to revoke this contract.

§ 1 General

1. Boot 24 operates the online-marketplace www.boot24.com, www.boot24.com, www.boats24.com, www.bateaux24.com, www.barcos24.com, www.barche24.com, www.lodzie24.com, www.boten24.com and connected databases in which any natural and legal person of full legal capacity can place vessels for sale so that these can be found by using the supplied search engine. These Terms and Conditions rule the service of Boot 24 for the online-marketplaces as well as local and mobile apps. Certain functions and options are possibly not available on all devices. The desktop-version of the online-marketplace offers all functions and options.

2. „Vessel“ or „Vessels“ in the following means any objects that can be offered using the online-marketplace, especially but not solely boats, yachts, jetskis, ships, trailer, motors, berths and combinations and synonymous of the abovementioned.

3. These Terms and Conditions fully rule the business relationship between Boot 24 and the retailer. Opposing or by one party modified Terms and Conditions do not apply.

4. Boot 24 is not the retailer of any vessel which is placed for sale using the online-marketplace. Boot 24 has no influence concerning the content of a certain advert.

5. Boot 24 is not involved in the contracts made between the retailer and a possible buyer. Boot 24 is neither party of such contract nor agent. The conclusion and the fulfillment of any obligation of such contracts is made without the involvement of Boot 24.

§ 2 Scope of service of Boot 24

1. Boot 24 provides an online-marketplace and connected databases for the online presentation of vessels. The service includes the possibility to create adverts and also find the adverts by using the online-marketplace.

2. Boot 24 ensures the availability of the online-marketplace and connected databases as it is technically and operationally possible. Temporary limitations due to technical faults, such as disconnection of power or other electrical lines, overload of communication lines or other technical issues of an internet provider, on which Boot 24 hast no impact, cannot be ruled out.

3. Boot 24 solely owes the provision of an input mask for the adverts of the retailers, to activate the adverts and the adverts to be retrievable by using the online-marketplace. The presentation and the scope of functions can vary by use of different browsers, mobile websites or mobile devices. Boot 2 guarantees the use of the provided services and functions solely within the realms of the current technical state of the art, e.g. when using up to date browser software.

4. Boot 24 reserves the right, to limit the possibility of creating and finding adverts if it is necessary due to capacity, security or integrity of the server or due to technical maintenance in order to preserve or improve the provided services. Boot 24 will if possible inform the retailers in advance of such necessary measures. It can also not be precluded that all of part of the adverts are temporarily not available.

5. The Terms and Condition in § 10 and § 11 are unaffected.

§ 3 User account, registration

1. In order to use the services of Boot 24, the retailer needs to register. The registration of a user account is free of charge. By registering the retailer enters into a service agreement to use the online-marketplace offered by Boot 24, while not having the right to claim such agreement.

2. Only natural and legal persons of full legal capacity are entitled to register for the services of Boot 24. The registration of a legal person has to be made by a legitimate representative. The registration of minors if prohibited and invalid.

3. The retailer has the duty to communicate their data completely and truthfully during the process of registration.

4. The retailer is obliged, to keep his data up to date at all times and communicate all changes as soon as possible to Boot 24 or change the details himself.

5. Boot 24 is entitled to delete inactive accounts after 12 months of inactiveness. The same applies to account with incorrect data material.

6. Any retailer is entitled to only register one account at Boot 24. The retailer is not allowed to register and/or use multiple accounts. Any breach of this condition, especially by the use of (slightly) differing data is strictly prohibited and entitles Boot 24 to delete all accounts of the retailer.

7. The accounts are not transferable.

§ 4 Advert placement

1.The retailer is reponsible for placing reliable sale offers for vessels. Boot 24 will assist the retailer when questioned and by general online-help.

2.Retailers being natural persons are entitled to only place a maximum of three adverts at a time. Boot 24 is entitled to delete the adverts and extraordinarily terminate the contract with the retailer, if he breaches this condition, e.g. by use of various different accounts.

3. Retailers being legal persons are entitled to place unlimited adverts at the same time.

4. Adverts are placed for a certain period and can be renewed at will. Expired adverts cannot be found in the public area of the online-marketplace, but can be edited and renewed in the retailer’s login area.

5. The runtime of an advert begins with the day the advert is activated and end with the expiry of the last hour of whichever day marks the end of the period.

6. The prices for all different options of adverts can be found in the applicable list of prices. The price to pay will be communicated to the retailer before placing and/or renewing the advert.

7. The retailer may alter the content of the advert during the runtime without additional costs.

8. Adverts may also be deleted by the retailer during the runtime. There is no refund of paid amounts or whatsoever, unless the retailer can prove that no or only slight financial damage has been caused.

§ 5 Content of adverts, resposibility

1. The retailer is obliged to give fully accurate and truthful information about the offered vessel. The retailer is especially responsible to be able to sell the vessels for the advertised price.

2. Each advert has to relate to a single determinable vessel. It is not allowed to advertise several vessels in one advert or refer to other offered vessels in the advert of another vessel.

3. The advert has to be placed in the corresponding category for the offered vessel. Any vessel can only be advertised in one advert.

4. It is not allowed to place hyperlinks to external websites or adverts on other online-marketplaces in the advert. Phone numbers and e-mail-adresses may only be provided in the corresponding input field and not in the text field of an advert. The provision of phone numbers with higher costs, such as (0)900 and (0)180 is prohibited in general.

5. Content, Layout and pursued purpose of the advert may not breach legal prohibitions and/or violate social standards. The retailer is responsible to comply with copyrights, trademark law and the law of the Telemediengesetz (Imprint).

6. As far as the retailer uses photos to illustrate the advert, he is responsible to only use such photos, as he has the right of use and does not violate rights of a third party. The retailer has to comply that copyrights are preserved. The photos have to show the actual condition of the vessel. The use of catalog photos is only allowed with giving sufficient information about them being catalog photos and if not violating the rights of a third party.

7. The retailer is obliged to comply with the Preisangabenverordnung (PAngV) and has to give accurate and truthful information. Adverts that breach any provision of the PAngV are not allowed and will be removed by Boot 24.

8. The retailer is responsible for the inserted adverts and their content. Boot 24 will not check adverts concerning their accuracy and integrity.

§ 6 Prices and payment

1. The prices for advertisements from private sellers can be found in the current price lists under the following menu items: Advertisement- Sell boat privately. These are gross final prices including statutory value added tax..

2. The prices for advertisements from dealers and commercial sellers can be found in the current price list under the following menu item: Advertise - Dealer. These are net prices. In addition, the statutory value-added tax is due.

3. the private seller can select an advertising package from the valid price list. The contract term and the price for the booked period are determined on the basis of the selected package. The contract is automatically extended for the selected period of time if the seller or Boot24. com does not terminate the contract until the last day of the contract term. The seller’s cancellation must be made in the customer login under "My Bookings" or by e-mail to info@boot24.com

Additional options and other advertising services are subject to charge. The prices depend on the information given at the time of booking.

5. sellers have the option to upgrade an advertising package at any time by phone, e-mail or online in the login area under "Upgrade".

6) Payment can be made either by direct debit, credit card or PayPal.
 
The price is due for payment for private as well as for retailers and commercial sellers with the use of the service - usually before the advertisement is activated. In the case of payment by credit card or direct debit, it is sufficient to make a withdrawal in due time.

7. special provisions for payments by direct debit in the SEPA procedure.

a. In the event of payment by direct debit, Boot24 will notify the seller of the amount shown in the invoice at least five days before the due date and will debit the seller’s account only after the due date.

b. The seller shall grant Boot24 a revocable mandate to collect the respective invoice amount by means of the SEPA Direct Debit.

c. Boot24 reserves the right to combine several direct debits if and to the extent that they refer to the same mandate.

d. The Seller shall always ensure that the account is adequately covered and shall bear the fees arising from a shortfall in the account, unless it is not responsible for the failure to debit the account or can prove that no damage or substantially less damage has occurred.

8. Boot24 reserves the right to periodically check the price model and, if necessary, to adjust the prices. The seller shall be notified of price changes in writing or by e-mail at least four weeks before they take effect. If the sellers do not object, the prices are considered as accepted. An existing ad at the time of the price change expires under the previous conditions. New conditions may only apply if the advertisement is extended.

§ 7 Deletion of adverts, blocking, termination

1. Boot 24 is in case of legitimate interest, especially in case of violation of the conditions in § 3, 4 and 5 and in case of delayed payment, entitled to

a. delete adverts,

b. wait with the activation of adverts,

c. warn the retailer or limit or suspend his use of the online-marketplace

d. cancel the contract of the retailer.

2. Boot 24 will rate the interests of the retailer and its own interest before choosing the right measure.

3. The advert will run for the determined period. Both parties are entitled to cancel the contract without any previous notice to the end of each month via written notice (e-mail of telefax is sufficient) if no period is determined.

§ 8 Exemption

1. The retailer hold Boot 24 harmless from any costs incurred for the defense against claims by third parties, which are made for the violation of rights by the advert or use of the online-marketplace.

2. The retailer will be accountable for the absorption of all necessary costs including those of legal defense.

3. The above is not applicable as far as the retailer cannot be held accountable for the violation of rights.

§ 9 Database and backup

1. The retailer is obliged to delete adverts as soon as the offered vessel hast been sold to help keeping the database of Boot 24 up to date. An up-to-date database is of use for any retailer, as potential buyers will only find available vessels.

2. The parties are themselves responsible for backups. The retailer is requested to create a backup of advertised data and information on an independent data medium. Boot 24 will not hand out database backups or excerpts as long as not required to do so by law.

§ 10 Warranty

1. As far as the retailer has legal warranty claims, Boot 24 is firstly entitled to supplementary performance. The period of presentation will therefore be extended.

2. In case of higher force, which Boot 24 cannot be held accountable, such as industrial actions, actions of the government, breakdown of telecommunication or other technical issues, even if these occur for subcontractors, and in case of natural disasters or war, Boot 24 is released from its obligation to perform.

§ 11 Limitation of liability

1. Boot 24 is only liable for damage if resulting from the violation of negligible obligations of this contract, if these damages result from an intentional or grossly negligent breach of obligation and as far as the damage is foreseeable.

2. Boot 24 cannot be held liable for information given by the retailer in the advert. The retailer is accountable for all third party claims, especially if claimed for the violation of obligations stated in § 5 of these Terms and Conditions.

3. Furthermore the liability follows by law and this contract providing that liability for ordinary negligence is precluded. This limitation of liability does not apply for damages to life, body and health.

§ 12 Copyrights, rightsof use, export of adverts

1. The advert as a whole is subject to copyright. The editing, processing and use of any kind by third parties is prohibited. This does not apply to the rights of the retailer.

2. The retailer agrees that Boot 24 is entitled publish the given information, photos and whatsoever related to the advert in any possible kind, e.g. advertising, social media and videoclips. The retailer grants Boot 24 a simple user right (lincense) which is not limited temporally, locally and regarding its contents.

3. Boot 24 is entitled to distribute the adverts by using online-marketplaces ot third parties to increase the reach of the advert. It is irrelevant if the distribution happens via a technical solution or by other ways. There will be not additional costs for the retailer.

§ 13 Final provisions

1. The contract as well as these Terms and Conditions is subject to the law of the federal republic of Germany and contains all conditions. There are no oral agreements. Earlier agreements cease to be of effect as soon as these Terms and Conditions are accepted. As far as a retailer is a consumer according to § 13 BGB consumer protection rules apply.

2. All changes to this contract are to be made in writing.

3. The place of jurisdiction with regard to legal persons is Hamburg.

4. Should a condition of these General Terms and Conditions or of a contract between Boot 24 and the retailer be invalid or unenforceable, the condition in question is to be replaced by a new, valid condition that approximates it as closely as possible in its legal or commercial objective.

Hamburg, 01.01.2016