General Terms of Use for www.audio.deals

These terms of use apply to contractual relationships between the website www.audio.deals, ZESSACK.MEDIA, Nelkenstrasse 9, 52134 Herzogenrath, Germany, owner Robert Zessack (hereinafter referred to as the Vendor) and the users who avail themselves of the services of ZESSACK.MEDIA (hereinafter referred to as the User or Users) from 29.08.2016.

Section 1 - Registration and user account
The data asked for by the Vendor during registration must be provided fully and truthfully. For registration, a valid e-mail address must be given and a personal password selected. The password must be kept secret and must not be divulged to third parties. The User must state whether he is acting as a private individual or as a commercial provider. Commercial providers are obliged to satisfy the statutory information obligations and to use the mandatory fields provided for this purpose.

Users may terminate the user agreement without a period of notice. Termination must be stated in writing and sent by e-mail to [email protected] or by post to ZESSACK.MEDIA, - AUDIO.DEALS -, Nelkenstrasse 9, 52134 Herzogenrath, Germany. The Vendor may terminate the user agreement at any time giving notice of 14 calendar days. The right to suspend a user account as per section 5 is not affected.

The Vendor is entitled to delete user accounts that are not fully registered and accounts that have been inactive for more than one year.

Section 2 - Use of the www.audio.deals website
The User agrees to place all offers, exchange offers and wanted advertisements into the categories provided for them. Descriptions of goods in words and images must be complete and must represent the true condition of the goods.

The placing of advertisements or other content that is in breach of statutory provisions, the rights of third parties or the accepted principles of morality is forbidden. It is forbidden in particular:

  • to make statements that are misleading or untruthful
  • to interfere with the functioning of the website in any way, to direct viruses at it or to use other technological means that could damage the website
  • to use automated procedures or mechanisms such as scrapers, crawlers, spiders or robots that access content on the website
  • to copy the content of the website or to use it for other purposes
  • to use spam, chain letter or snowball (pyramid) schemes
  • to gather any information about the Users of the website such as e-mail addresses and other data and to use it without the consent of the Vendor

All Users are obliged to comply with the special statutory requirements in their advertisements. The User must in particular ensure that the regulations of the Copyright Act, Trademark Act and the Telemedia Act, including the obligation to provide an imprint for commercial providers, are complied with.

Section 3 - Fees and services
The use of the website is free of charge.

Section 4 - Content and usage rights
If the User uses photographs, he is obliged to ensure that he uses only photos that the Vendor may use without restriction and that the use of which does not infringe the rights of third parties. He must ensure in particular that existing copyrights are complied with.
The User is responsible for the content of his advertisement. The Vendor is not obliged to check the advertisement for correctness or completeness.
The User states his agreement that the data, texts and images he provides can be used by the Vendor for advertising purposes on social media.
The User further grants ZESSACK.MEDIA, Nelkenstrasse 9, 52134 Herzogenrath a non-exclusive usage right without geographical or temporal restriction to the data and in particular to the images.

Section 5 - Suspension and deletion of advertisements in the event of misuse
If the User is in breach of statutory provisions, these terms of use or the rights of third parties, the Vendor has the right to terminate without notice, to delete the content of the User’s account and to suspend the User’s account temporarily or permanently.

Section 6 - Protection of intellectual property
If copyrights, property rights or trademark rights of third parties are infringed through advertisements or other content on this website and this becomes known to the Vendor, that content shall be deleted. Notification must be given by the holder of the rights that are infringed or by his authorised representative to the Vendor. The description of the infringement of rights must include the specific User involved.

Section 7 - Limitation of liability
The Vendor offers no warranty or guarantee for the correctness of the advertisements, for user communications or for the quality, safety or legality of the objects offered.
The Vendor shall be liable in respect of personal and commercial Users only insofar as the Vendor has acted with wilfulness or gross negligence. If the Vendor is in breach of significant contractual obligations, the Vendor shall be liable for any culpable conduct.
Except in cases of wilfulness or gross negligence the Vendor’s liability is limited in extent to the damages that were typically foreseeable at the time of conclusion of the contract.
Liability for indirect damages, in particular for loss of profits, shall only exist where the Vendor has acted with wilfulness or gross negligence.
The above-mentioned liability exclusions shall not apply in cases of loss of life, bodily injury or damage to health or where mandatory statutory regulations apply.

Section 8 - Indemnity
The User indemnifies the Vendor against all claims asserted by third parties against ZESSACK.MEDIA, Nelkenstrasse 9, 52134 Herzogenrath due to infringement of their rights through the User’s advertisement or the use by the User of the website www.audio.deals. The User shall in particular bear all costs of the necessary legal defence, including court and legal fees. The indemnity obligation does not apply if the infringement of rights is not the fault of the User.

Section 9 - Data protection
The data privacy policy can be found at this URL: www.audio.deals/en/privacy-policy

Section 10 - Cancellation policy
For consumers, the following right of cancellation exists:

Right to Cancel
You have the right to withdraw from this contract within fourteen days without stating a reason. The cancellation period is 14 days from the day on which the contract was concluded. To assert his right to cancel, the User must notify the Vendor (ZESSACK.MEDIA, Nelkenstrasse 9, 52134 Herzogenrath, e-mail [email protected]) of his decision to withdraw from this contract in an unambiguous statement (e-mail or postal letter). The User may use the cancellation form for this purpose, but is not obliged to do so. The cancellation period shall be deemed to be satisfied if your notification of your assertion of your right of cancellation is received by the Vendor before the expiry of the cancellation period.

Consequences of cancellation
If the User cancels this contract, the Vendor must refund all payments he has received from the User, immediately and not later than within 14 days from the date on which the notification of cancellation is received by the Vendor. Refund shall be made by the Vendor by the same payment method as that used by the User for the original transaction, unless another arrangement has been expressly agreed between the Vendor and the User. Under no circumstances will the User be charged for the refund. If the User requested that the service commence during the cancellation period, the User must pay the Vendor an appropriate amount that corresponds to the services that have been delivered at the time that the User gives notice of his exercising of the right to withdrawal from this contract as a proportion of the overall scope of the services provided for in the contract.

Section 11 - Use of this website in other languages
Where the www.audio.deals website is used in other languages, it shall continue to be governed by German law and by these terms of use.

Section 12 - Final provisions
All contracts including these terms of use are governed by the law of the Federal Republic of Germany. For consumers, the consumer protection provisions of section 13 German Civil Code (BGB) apply.

Where commercial Users operate with their own terms and conditions, those shall not apply to contracts with the Vendor. The terms of use of the Vendor shall apply exclusively.
For commercial Users the place of jurisdiction is agreed as Aachen.

Section 13 - Severability clause
If individual provisions of these terms of use are ineffective, this shall not affect the validity of the remaining provisions. The ineffective provisions shall be replaced firstly by others that approach the ineffective provisions as closely as possible and secondly by the statutory provisions.