These General Terms and Conditions (GTC) govern the legal relationship between WAFIOS AG (hereinafter referred to as the "operator"), Silberburgstr. 5, 72764 Reutlingen, and the users and advertisers of the second-hand machinery portal. This includes both advertisers who advertise offers and those who are interested in other users' product offers and specifically search for them. Only entrepreneurs can be users and advertisers. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
By using the second-hand machinery portal, these General Terms and Conditions (GTC) are accepted by the user and advertiser. Any conflicting terms and conditions of the users or advertisers shall have no validity.
Purpose of the second-hand machinery portal
- The operator runs the second-hand machinery portal secondlife.wafios.com and exclusively provides a platform for companies to place product advertisements for second-hand machinery of the WAFIOS brand. Unless explicitly stated otherwise in the advertisement, WAFIOS AG is not itself a provider or involved as an intermediary or representative of a party.
No contracts for second-hand machinery are legally established via the second-hand machinery portal. Contracts initiated on the basis of an advertisement placed via secondlife.wafios.com are concluded exclusively between the seller and the buyer without any involvement of WAFIOS AG and outside the secondlife.wafios.com second-hand machinery portal. Inquiries about the advertised offers are directed by the interested user exclusively to the advertiser who has placed the advertisement, and not to WAFIOS AG.
Users can search for offers for second-hand machinery via the secondlife.wafios.com de second-hand machinery portal. Advertisers can place offers for second-hand machinery. The operator provides an entry form for advertisements on offers of second-hand machinery and enables the advertisements to be retrieved via the Internet. The advertisers enter their advertisements independently in the second-hand machinery portal and can change and delete the advertisements at any time with the password they chose when entering the advertisement.
The opportunity to place advertisements via the second-hand machinery portal is only available to entrepreneurs. Consumers are not allowed to advertise offers on secondlife.wafios.com. Effort and costs incurred by the advertiser in connection with the entry, maintenance and deletion of his advertisements shall be borne solely by the advertiser. This also applies if the operator alters, deletes or rejects advertisements.
The operator reserves the right to reject advertisements without giving reasons and to alter, delete or temporarily or permanently cease posting the advertisement without prior notice and without giving reasons. The operator also reserves the right to block advertisements that violate the provisions of these GTC. The advertiser is not entitled to the posting of advertisements.
Obligations of advertisers
- The contents of the advertisement must be stated in full in the entry form; in particular, the information in the mandatory fields must be provided in order for the advertisement to be placed. Each advertiser at secondlife.wafios.com is solely responsible and liable for the information and content and the correctness of his advertisement. The operator is not obliged to check offers to see whether they infringe the rights of third parties.
The advertiser is obliged to provide truthful and lawful information. The advertiser indemnifies the operator against any claims of third parties arising from the unlawfulness or incorrectness of his advertisement or any other infringement of the rights of third parties. This also includes the assumption of the operator's legal defense costs.
The advertiser undertakes to place only original photos of machinery on the second-hand machinery portal. It is not permitted to use placeholder images such as "photo follows", company logos instead of machine photos, or catalogue photos of the machine.
The advertiser is obliged to provide the company name, contact person, address and the contact details in the entry form. The operator will delete anonymous advertisements from the second-hand machinery portal.
Only the respective machines may be advertised in the advertisements. Reference to other products is not permitted. It is also not allowed to place links to other websites (e.g. company homepage, Youtube, etc.) in the machinery offer.
Only one advertisement can be placed for each machinery offer. Only the entry of specific offers is permissible. It is not permitted to place general advertising. The operator only allows specific machinery offers with meaningful descriptions including the technical data of the machine.
The advertisements are protected with a password selected by the advertiser. The advertisers must bear in mind that it cannot be ruled out that third parties will gain access to this password and that the advertisements might be changed or deleted against the advertiser's will. Any liability of the operator for this is excluded.
The advertiser undertakes to remove his offer from the second-hand machinery portal without delay if the second-hand machinery advertised has been sold or is no longer offered.
Transfer of usage rights
By placing advertisements, the advertisers grant WAFIOS AG, as operator of the second-hand machinery portal secondlife.wafios.com, a non-exclusive right, unlimited in terms of time, space and content, to comprehensively use and exploit the advertisements placed (including photos and texts) within the scope of the current and future offer. In particular, the right to reproduce, make publicly available and distribute as well as the right to edit.
The advertiser affirms that he/she is the owner of the rights transferred in subsection (1) and that he/she is entitled to effectively grant the above-mentioned rights. He/she also affirms that the works are free from third party rights that could conflict with the granting of rights.
Term and costs
- The advertisements have a maximum term of six months. After the term, the advertisements will be automatically deleted from the second-hand machinery portal. The term of the contract remains unaffected hereby.
The use and advertising of machinery offers on the second-hand machinery portal secondlife.wafios.com is free of charge and commission for both users and advertisers.
- The offers on the second-hand machinery portal are non-binding and therefore not legally binding.
Whatever the legal grounds, the operator shall only be liable for damage
a) insofar as the operator, its legal representatives, or vicarious agents are charged with intent or gross negligence,
b) in the event of culpable injury to life or limb or harm to health,
c) in the event of culpable violation of significant contractual obligations,
d) in the event of defects which the operator fraudulently concealed or the absence of which the operator guaranteed,
e) insofar as a liability exists under the Product Liability Act for personal injury or damage to property for privately used items.
The operator shall not be liable for any further damages.
A significant contractual obligation is an obligation which must be fulfilled in order to enable the proper performance of the contract and on which the contractual partner can and does routinely rely.
In the event of infringement of significant contractual obligations due to slight negligence (excluding intent and gross negligence), the operator's liability shall however be limited to reasonably foreseeable damage typically associated with contracts of this type.
The operator does not check the content of the information published by the advertisers and is not liable for third-party content. It does not assume any liability for the completeness and correctness of the information provided in the advertisements. The operator is not liable for errors or omissions, nor does it assume any liability for the suitability of the second-hand machinery offered for sale or for any other purpose. Liability claims against the operator for the content or the use of the information of the advertisements are excluded in principle, provided that there is no demonstrable intentional or grossly negligent fault on the part of the operator. Each advertiser is liable for the content of his/her advertisement. In particular, he/she is responsible for the correctness and completeness of the information provided in the advertisements and for ensuring that the content does not infringe the rights of third parties or legal requirements.
The operator reserves the right to make changes to the second-hand machinery portal without prior notice. Any liability of the operator for damages caused by advertisements that are not published or are published in an abbreviated or distorted form is excluded. Any liability of the operator for technical malfunctions in the operation of the second-hand machinery portal is also excluded, in particular for the uninterrupted or not error-free provision of the information.
- Claims of users and advertisers to the intellectual property of the operator are excluded. All rights remain reserved by the operator.
- Further processing, duplication and use of advertisements on the second-hand machinery portal of the operator in media of any kind by third parties is not permitted and requires the prior written consent of the operator.
The operator retains the copyright for the graphics, video sequences, texts and other objects published and created by him. Any reproduction of such objects in other electronic or printed publications requires the prior written consent of the operator.
These GTC and the legal relationships between the operator and the user/advertiser as a whole shall be governed exclusively by the law of the Federal Republic of Germany, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods and private international law.
The exclusive place of jurisdiction for all disputes arising from and in connection with legal relationships between the operator and the user/advertiser and their settlement, and in particular from and in connection with these GTC, is Reutlingen, Baden-Württemberg, Federal Republic of Germany.
There are no verbal side agreements. Amendments and supplements to these GTC and to legal relationships between the operator and the user must be made in writing. This also applies to an amendment, supplement or cancellation of the written form clause itself.