Terms and Conditions for DealMyWheel.co.uk

I. General provisions for all users of DealMyWheel.co.uk
II. Additional, specific provisions solely for vendors
I. General provisions for all users of DealMyWheel.co.uk 1. Scope of application The following terms and conditions contain binding provisions for all legal transactions between DealMyWheel.co.uk – a company of Travanto Travel GmbH & Co. KG, Holzbrücke 7, 20459 Hamburg (herewith referred to as “DMW”) – and the users of DMW, in particular the purchasers and vendors of bicycles on DMW.co.uk. Provisions that conflict with or deviate from these terms and conditions shall not be recognised and shall only have effect if they are also arranged in writing via email.
2. Contractual relations DMW provides a platform on which private and commercial vendors can offer their new and used bicycles for sale free of charge, inasmuch as an additional advertising service has not been expressly booked. DMW itself does not offer any items for sale and in itself is never party to a contract. As in a newspaper, DMW presents bicycle listings to interested parties on the internet as a mere presentation service. Vendors’ listings do not constitute binding offers, but are rather invitations to interested parties to make an offer to conclude a purchase contract with the vendor.
3. Liability a) DMW shall only be liable for damages in the case of malicious intent or gross negligence. DMW shall only be liable for slight negligence if it breaches an obligation, the observance of which is of central importance to the achievement of the contractual purpose, e.g. a violation of duty in the selection of service, etc. b) The aforementioned exclusions and limitations to liability do not apply to the offer of express warranties by DMW and for damages that include loss of life, bodily injury or damages to health. 4. Applicable statues, jurisdiction In the event that the user is a merchant, the exclusive place of jurisdiction for all claims resulting from the contractual relationship is Hamburg; the general provisions of the Zivilprozessordnung, the German code of civil procedure, apply for consumers.
II. Specific provisions for vendors 1. Prerequisites as a vendor or purchaser Minors and other natural persons who have no or only limited legal capabilities are not permitted to use the services of DMW as vendors or purchasers.
2. Conclusion of contracts between DMW and vendors A contract between DMW.co.uk and the vendor of the bicycle comes into force in that the vendor begins his free of charge listing by clicking on the link “Sell a bike” and registers with his or her personal information. The content of the contract is the free of charge use of the platform DMW.co.uk by the vendor for the listing of the bicycle on DMW.co.uk for a period of time that he or she determines for him or herself. Additional advertising services such as top listings, photo links etc are available separately against payment, the prices of which are indicated individually. The payment process begins when the vendor requests to add the selected additional advertising service to his listing. The uploading of pictures and texts of the bicycle being offered for sale automatically provides DMW with the right to use these pictures and texts to advertise on DMW.co.uk as well as on other websites and in other media in cooperation with marketing promotions.
3. Duties upon registering and entering bicycles into database a) The vendor shall describe the item he or she enters into the database truthfully and comprehensively. He or she must truthfully provide all relevant details for the conclusion of the contract. B) The vendor is not permitted to enter his or her telephone number, fax number, email address and / or internet address anywhere in his or her offer, apart from in the fields provided for this purpose, as contact may only take place by way of the regular contact form provided. c) The final price shall include VAT and must never indicate a net price. Specifications must be made to include all price components pursuant to the German Price Indication Ordinance (Preisangabenverordnung) and other statutory provisions. d) If the vendor is a company (pursuant to § 4 of the German Civil Code (Bürgerliches Gesetzbuch)), he or she must provide all information required pursuant to legislative provisions for distance selling contracts, comply with § 5 of the German Tele-Media Act (Telemediengesetz) in particular and refer to the legislative right to revocation of the contract. e) When specifying the price it is mandatory to indicate if the bicycle is being sold by a private vendor without VAT or if the sale price includes VAT. Users must also indicate whether the percentage deviates from the German VAT rate as the item may, for example, be sold overseas or have a different legal place of performance. By invoking §§ 19 or 25 of the German Value Added Tax Act (Umsatzsteuergesetz), the vendor must specify that VAT cannot be stated separately. f) When describing the bicycle using text and pictures, the vendor must take care that third party rights, in particular copyrights or trade mark rights, are not infringed upon. g) The uploading of copyright protected texts and pictures is prohibited unless the vendor has the express permission of the copyright holder. By uploading texts and pictures the vendor confirms that he is entitled to sell the bicycle on offer and must prove this entitlement within three working days if DMW should enquire about it.
4. Illegitimate bicycle sales It is prohibited to list a bicycle if this listing infringes upon third party rights or trade mark rights or penal provisions or if the vendor has been barred from the site by DMW. DMW shall deactivate or delete the vendor’s listed bicycles without providing any reason and without forewarning if the vendor infringes upon these regulations.
5. Obligations during ongoing operations The vendor is obligated to deactivate the listed bicycle immediately if it is only being offered for sale in a different way or on other terms.
6. Deactivation and termination by DMW DMW is entitled to deactivate or terminate the vendor’s access to DMW if false statements were made during registration or if the user breaches any of the provisions of the DMW terms and conditions in any other way.
7. Exemption from liability a) The vendor releases DMW from any claims made by third parties against DMW that may arise due to texts or pictures that have been uploaded by the user or reviews made by the user. In particular, this exemption includes costs required for a legal defence. b) In the event that a claim is made against DMW, DMW has the right to demand all information relevant to the legal enquiry from the user via email or fax within three working days.
8. Amendments to terms and conditions DMW reserves the right to amend these terms and conditions at any time. The amended provisions will be sent to users via email at least two weeks before they come into effect. The user tacitly consents to the amended terms and conditions if he or she does not state his or her written objection to the amendments within two weeks of the day that notification of the amendments was made. In the event of an objection, DMW is entitled to terminate the contract within three days.
Hamburg, 29.8.2012