General Terms and Conditions - Marketplace:
Complaints:
In the event of complaints or questions
and problems, please write to info@hot-s-hot.com Data protection: Despite
careful control of the content, we cannot assume any liability
for external links to third-party content. The protection of your
personal data during collection, processing and use during your
visit to our website is important to us. Your data is protected
in accordance with legal regulations. Below you will find
information about what data is collected during your visit to the
website and how it is used:
1. Collection and processing of data on this website
I. General Every access to our website and every
retrieval of a file stored on our website is logged. The
storage serves internal system-related and statistical purposes.
The following are logged: name of the retrieved file, date and time
of retrieval, amount of data transferred, notification of
successful retrieval, web browser and requesting domain.
Additionally, the IP addresses of the requesting computers are
logged. Further personal data are only recorded if you provide this
information voluntarily, e.g. as part of an order, inquiry or
registration.
II. Cookies We sometimes use cookies on certain pages to
make visiting our website attractive and to enable the use of
certain functions. These are small text files that are stored
on your computer. Most of the cookies we use are deleted from your
hard drive after the end of the browser session (so-called
session cookies). Other cookies usually remain on your computer
and enable us to recognize your computer on your next visit
(so-called permanent cookies). Our partner companies are not permitted
to use cookies to collect, process or use personal data via our
website.
III. Google Analytics This website uses Google Analytics,
a web analytics service provided by Google Inc. ("Google").
Google Analytics uses so-called "cookies", text files that are
stored on your computer and enable an analysis of your use of the website.
The information generated by the cookie about your use of this
website (including your IP address) is transmitted to a Google
server in the USA and stored there. Google will use this
information to evaluate your use of the website, to compile reports
on website activity for website operators and to provide other services
related to website activity and internet usage. Google may also
transfer this information to third parties if required to do so
by law or if third parties process this data on Google's behalf.
Under no circumstances will Google use your IP address associated
with other Google data. You can prevent the installation of
cookies by means of a corresponding setting in your browser
software; however, we would like to point out that in this case
you may cannot fully use all functions of this website. By using
this website you agree with the processing of the data
collected about you by Google in the manner and to the
previously described stated purpose. You can object to data collection
and storage at any time with full effect for the future. In view of
the discussion about the use of analysis tools with full IP
addresses, we would like to point out that that this website
uses Google Analytics with the extension "_anonymizeIp()" and
therefore IP addresses are only shortened be further processed
in order to exclude a direct personal reference.
2. Use and Disclosure of Personal Information
If you
have provided us with personal data, we only use it to answer your
inquiries, to process contracts concluded with you, to process
orders and for technical administration. Your personal data
will only be passed on to third parties or otherwise transmitted
if this is necessary for the purpose of contract processing, in
particular the transmission of order data to suppliers, if this
is necessary for billing purposes or if you have given your
prior consent. You have the right to withdraw your consent with
effect for the future to revoke at any time. The deletion of the stored
personal data takes place if you revoke your consent to
storage, if their knowledge is no longer required to fulfill
the purpose for which the storage was carried out or if their
storage is inadmissible for other legal reasons.
3. Right to information
Upon written request, we
will be happy to inform you about the data stored about you.
4. Withdrawal of consent
We only use the data
recorded when registering for our newsletter for our own information/advertising
purposes. A transfer to third parties does not take place at any
time. If you give us your consent to receive our newsletter in the course
of the ordering process, we would like to point out that you
can revoke this at any time with effect for the future. You can
revoke your consent at any time by clicking the unsubscribe
link at the end of each newsletter or send an email to info@hot-s-hot.com.
5. Further information
We always endeavor to secure your personal data by taking all
technical and organizational measures so that they are inaccessible to
third parties. When communicating via e-mail, the full Data
security (due to the infrastructure of the Internet and the
transmission protocol) cannot be guaranteed by us, so that we
recommend that you send confidential information by via mail.
6. Third Party Hosting Services
As part of processing on
our behalf, a third-party provider provides us with the
services for hosting and displaying the website. This serves to
protect our legitimate interest in a correct presentation of our offer
within the framework in a balancing of interests. All data
collected as part of the use of this website or in the forms
provided for this purpose, as described below, are processed on
its servers. Processing on other servers only takes place within the
framework explained here.
7. Warranty
hot-s-hot.com assumes no liability for
the correctness and topicality of the data entered by the
participants in the hot-s-hot.com database. The hot-s-hot.com databases
are at least 97% available on a monthly average. Due to the implementation
of necessary maintenance work and improvements, it may happen that
individual functions are not available for a short time. hot-s-hot.com is
released from the obligation to perform in every respect, even
in cases of force majeure. Force majeure includes all
unforeseen events and events for which neither party is responsible
for the impact on the fulfillment of the contract. These events include,
in particular, lawful industrial action, also in third-party
companies, official measures, failure of communication networks
and gateways of other operators, disruptions in the area of
line providers, other technical disruptions, even if these
circumstances are in the area of subcontractors, subcontractors
or their subcontractors or by the provider authorized operators
of sub-node computers occur. Claims do not arise for the
participant in the event of failures for which hot-s-hot.com is not
responsible.
8. Limitation of Liability
hot-s-hot.com accepts no
liability for consumers The contractor / seller is only liable for
intent and gross negligence. Except in the case of intent or gross
negligence on the part of legal representatives, executive
employees or other vicarious agents, the contractor is liable
the amount is limited to the damage typically foreseeable at the time
the contract was concluded. Liability for compensation for indirect
damages, in particular for lost profits, only exists in the
event of intent or gross negligence on the part of legal
representatives, executive employees or other vicarious agents of
the respective shop operator/contractor. Contractors and shop
providers are not our vicarious agents and we at hot-s-hot.com
are therefore not responsible for damage caused by providers or
attributable to them. Since various new and used and also damaged
products are offered by different sellers on our hot-s-hot.com
marketplace, as well as services, data carriers and other
services, hot-s-hot.com rejects any type of warranty. Any
warranty claims must be agreed in writing with the seller before ordering
/ before purchasing goods / services. In particular, hot-s-hot.com
assumes no guarantee or liability for the fact that sales
contracts that are initiated or concluded on the basis of the
seller / provider in the hot-s-hot.com advertisements are enforceable
under the national law of an affected state or otherwise does not
have the desired legal or economic consequences for one or both
contracting parties to the purchase contract. Each participant
is obliged to make backup copies of their database, including
the product photos, in order to be able to quickly restore the advertisements
in the event of data loss. Each participant is responsible for using
the hot-s-hot.com services to view and store information that
hot-s-hot.com requires for the purposes of preserving evidence,
accounting or other purposes, on one of archive hot-s-hot.com
independent storage medium. The aforementioned liability exclusions
and limitations towards entrepreneurs or consumers do not apply in
the case of the assumption of express guarantees by
hot-s-hot.com and for damages resulting from injury to life,
limb or health as well as in the case of mandatory statutory
regulations.
General terms and conditions for entrepreneurs
§ 1 The validity of the conditions must be agreed with the
seller.
• (1) The deliveries and services as well as offers of the
shop operator / seller, hereinafter referred to as
"contractor", are made exclusively on the basis of these terms
and conditions. Each shop operator, seller / provider has its own terms
and conditions. Every buyer is obliged to inform himself sufficiently
about the contract conditions of the respective provider before
completing the purchase. This applies to all future business
relationships that the contractor concludes with the client
regarding the goods, services and performance offered by the contractor,
in particular for deliveries, services or offers to the client.
The terms and conditions of the respective contractor are also
valid if they have not been expressly agreed again. At the
latest upon receipt of the goods or services, these are deemed to have
been accepted. • (2) Terms and conditions of the
customer or third parties shall not apply even if the contractor
does not object to their validity in individual cases. The contractor does
not
agree to the validity of other terms and conditions even if • if
the contractor refers to a letter that contains or refers to
the terms and conditions of the client or third parties. • (3)
All agreements made between the customer and the contractor for the
execution of this contract must be recorded in writing (also by
fax or email).
§ 2 Offer and conclusion of contract
• (1) All offers made by the contractor are subject to change and
non-binding. Otherwise, they must be expressly marked as binding or
contain a specific acceptance period. In order for declarations
of acceptance and all orders to become legally effective, they
must be confirmed by the contractor in writing, by telex or
email.
• (2) For the legal relationship between the customer and the
contractor, only the written, contract concluded by telex or
e-mail and these General Terms and Conditions shall apply.
Verbal promises made by the contractor prior to the conclusion
of the contract are not legally binding. Oral agreements between
the contracting parties must be replaced by the written
contract or the written Orders placed over the Internet in the
specified order form can be replaced if they do not expressly
state that they continue to be binding. Additions or amendments to
the agreements made (including these terms and conditions) also
require written confirmation, otherwise they are not valid.
With the exception of managing directors and authorized
signatories, the employees of the contractor do not have the right
to do so to make deviating verbal agreements. In order to
maintain the written form, transmission by email is sufficient.
Other means of telecommunication are insufficient.
• (3) Does
the contractor provide information on the subject matter or the presentation
of the delivery or service (e.g. for drawings, weights,
dimensions, illustrations or other performance data), these are
only approximate decisive, provided that the exact match is not
a prerequisite for usability for the contractually intended
purpose. The information provided by the contractor is not a
guaranteed quality feature, but describes or identifies the
delivery/service. Provided that the usability for the
contractually intended purpose is not impaired, these are
customary deviations that occur due to legal regulations or
represent technical improvements as well as replacement with
equivalent products.
• (4) If illustrations, drawings, weights,
dimensions or other performance data are to be considered
binding, they must be expressly agreed to in writing.
• (5) If an
order is delivered to a third party, the customer is the client. The
purchaser and the recipient of the delivery are considered to
be joint clients if the delivery is made to the recipient for
his benefit or the recipient of the delivery is enriched in some
other way by taking possession and further using the same. The placing
of such an order tacitly assures the consent of the customer
for this.
• (6) If an order is placed for the account of a
third party, the orderer and the invoice placed in their own
name or on behalf of someone else. If the invoice recipient is changed
to another invoice recipient at the request of the customer after
invoicing has already taken place, this results in the tacit
assumption of liability by the new invoice recipient. By
placing an order in this way, the customer tacitly assures that the
invoice recipient has given his consent.
• (7) We retain
ownership and copyright to all offers and cost estimates submitted
by the contractor this one before. This also applies to all
models, drawings, illustrations, brochures, catalogues,
calculations and other documents and aids made available to the
customer. Without the express written consent of the contractor, the
client is not permitted to make these items accessible to third
parties, either as such or in terms of content, to disclose
them or to use or reproduce them himself or through third parties.
At the request of the contractor, the client must return these items to
him in full and any copies made destroy if negotiations do not
lead to the conclusion of a contract or if these items are no
longer required by the customer in the ordinary course of
business.
• (8) The contractor reserves the right at all times
to use all free products offered (e.g. samples, test products)
as well as other free products from the offer without giving reasons
and to cancel orders of this type at any time without prior information to
the customer. This applies equally to all other products,
including those that are subject to a charge, which, due to
unforeseen events, make it necessary for the contractor to withdraw
from the order.
§ 3a Right of withdrawal
• For principals, the
entrepreneurs upon conclusion of the contract act in the exercise of
your commercial or self-employed activity, there is no right of
withdrawal.
The respective national law of the seller
applies.
§ 3 Prices and price changes
• (1) Unless otherwise
stated or agreed, the Contractor shall adhere to the price stated
in the offer. Otherwise, the prices specified by the contractor in the
respective order confirmation are decisive. These do not
include the respective statutory valueadded tax and apply to the in The
scope of services and scope of delivery listed in the order
confirmations. If additional services and deliveries are requested,
including additional, reduced or special services, these will
be charged separately.
• (2) All prices are given in the
selected currency and are for delivery exclusive of the country-specific
sales tax, Costs for export deliveries, customs as well as fees
and other public charges.
• (3) All subsequent
changes to the order made by the contractor after the order has been
accepted will be invoiced to the customer. This includes any change,
including changes to the commercial order data (e.g. delivery
address, shipping method, invoice recipient, payment method,
etc.).
• (4) Any change to the delivered or transmitted data at
the request of the customer or similar preparatory work will be
charged separately.
• (5) The contractor has the right, but not
the obligation, to carry out necessary preparatory work on the
data supplied or transferred by the client independently and without
consulting the client if this serves to meet a fixed deadline or is in
the economic interests of the client. The cost calculation for
such work takes place according to their respective time
expenditure. If the resulting additional costs for the client
are more than 5 percent higher than the order value (offer price).
The
customer's consent to the calculation of these additional costs must be
obtained.
• (6) If the contractor has already provided
services, the calculation is based on the services already
provided. Only the client himself can request cancellations;
these must be made via his customer account.
§ 4 Order Execution / Approval by the Client / Data Delivery
• (1) The contractor carries out all orders on the basis of the
order/data delivered or transmitted by the customer, unless
another agreement has been made in writing (by fax or e-mail).
The order/data must be delivered by the customer in accordance
with the file formats specified or requested in the order
forms.
• (2) The contractor is not obliged to check deliveries
of any kind by the customer or a third party engaged by him
(this also includes data carriers and transmitted data).
Excluded
from this are obviously unprocessable or unreadable data. The customer
is obliged to use protection programs for computer viruses
prior to data transmission that correspond to the current
technical status. The client alone is responsible for data
backup. The contractor has the right to make copies.
§ 5 Delivery and time of performance
• (1) Delivery
dates or delivery periods must be in writing, regardless of whether
they are agreed as binding or non-binding.
• (2) For
the impossibility of delivery or for delays in delivery caused by force
majeure or other events that were not foreseeable at the time
the contract was concluded (e.g. difficulties in procuring
materials or energy, all types of operational disruptions, strikes,
Illness, war, transport delays, lack of energy, labor or raw materials,
lawful lockouts, difficulties in obtaining necessary official
permits, official measures or incorrect, untimely or
non-delivery by suppliers, etc.) and which the contractor is not
responsible
for represented, the contractor cannot be held liable. If such events
make it significantly more difficult or impossible for the
contractor to provide the delivery or service and if the
hindrance is not only of a temporary nature, the contractor is entitled
to withdraw from the contract. If the hindrances are temporary, the
delivery or service dates will be postponed and the delivery
and service periods will be extended by the period of the
hindrance plus a reasonable start-up period. If the customer cannot
be expected to accept the delivery/service due to the delay, he can
withdraw from the contract with the contractor. For this
purpose, an immediate written declaration on the part of the
customer is essential.
• (3) If the hindrance lasts longer than
one month, the client has the right to withdraw from the
contract after setting a reasonable grace period with regard to the part
that has not yet been fulfilled. The client cannot assert any
claims for damages if the delivery time is extended or the
contractor is released from his obligation. The contractor only
has the right to invoke the circumstances mentioned if he informs
the client immediately.
• (4) The customer may be
entitled to compensation for delay, provided this has been requested
in writing from the contractor before the order is placed and has
been confirmed by him.
• (5) A partial delivery of
the agreed delivery/service by the contractor is permitted if the
partial delivery can be used by the customer within the scope of the
contractually specified purpose, the delivery of the remaining
ordered goods can be guaranteed and the customer does not incur
any significant additional expenses as a result of the partial
services or has to bear additional costs or the additional costs are borne
by the contractor.
• (6) The prerequisite for
compliance with the delivery and service obligation on the part
of the contractor is the timely and proper fulfillment / payment of the
customer's obligations. Only dates confirmed in writing by the
contractor as fixed dates or binding dates are valid as fixed
dates for the provision of services.
• (7) The contractor's
liability for damages in the event of a delay in performance/delivery
or the impossibility of delivery, for whatever reason, is limited
to the stipulation in Section 17 of these General Terms and
Conditions.
§ 6 Periodic work
• (1) In the case of contracts for
regularly recurring work, there is a notice period of at least
three months. The termination takes place at the end of a month.
§ 7 Passing of Risk – Shipping
• (1) As soon as the
delivery item ready for dispatch by the contractor has been handed
over to the company taking over the transport (forwarding agent, carrier
or other third party responsible for carrying out the dispatch)
or has left the contractor's works due to the dispatch, the
risk is transferred to the customer.
The start of the loading process
is decisive for this. This regulation still applies if partial
deliveries are made or the contractor has taken on other services. If
the customer expresses the wish that the dispatch or handover
be delayed or if the dispatch is delayed due to a circumstance
the cause of which lies with the customer, the risk is
transferred to the customer as soon as his goods are ready for
dispatch.
• (2) The client bears all storage costs incurred
after the transfer of risk.
The contractor shall bear the storage
costs for storage by the contractor for each week that has
elapsed since the readiness for delivery. • The contractor reserves
the right to assert proof of further or lower storage
costs.
• (3) The contractor's place of business is the place of
performance for all obligations arising from the contractual
relationship, unless otherwise specified.
• (4) Delivery is
made to the delivery address specified by the customer.
With regard
to a deviating agreement, the written consent of the contractor
is required.
• (5) The customer bears the shipping
costs.
• (6) If there is external damage to a shipment, the
customer may only accept this if the damage was determined by
the carrier/forwarding agent. If this determination is not
made, all claims for damages from this against the contractor become
ineffective.
§ 8 Customer's rights in the event of defects / warranty
• (1) Depending on the item, the warranty period must be agreed in
writing with the contractor. It begins with the delivery or
with acceptance, insofar as such is necessary.
• (2)
After delivery to the customer or the third party specified by him, the
delivered items must be examined immediately and carefully. If
the contractor does not receive a notice of defects about the
obvious defects or other defects that could be identified during
the immediate and careful inspection when the delivery item is handed over
to the customer, these are deemed to have been approved.
Defects that could not be detected during this careful
inspection must also be reported within three working days
after discovery of the defect or the point in time at which the defect
could be detected by the customer during normal use of the
delivery item without further examination contractors are
reported. Notifications of defects must always be made in
writing (including by email or fax). If the contractor requests that the
goods complained about be returned, they must be returned
carriage paid. Goods that are sent back freight collect will
not be accepted. If the notice of defects is justified, the contractor
shall bear the costs of the cheapest shipping method, provided that
the delivery item is at the place of its intended use. If he is
at a different location and the costs increase as a result, the
contractor will not be responsible for this. The obligation to
examine also applies to those sent for correction primary and intermediate
products. With the release of the order, the risk of possible
errors passes to the customer, provided that the errors did not
first arise in the production process following the release or
could only be recognized here and were caused by the contractor
intentionally or through gross negligence. This regulation also
applies to all other release declarations by the
customer.
• (3) Minor deviations from the original, e.g. in the
case of color reproductions, cannot be objected to in any
manufacturing process. For technical reasons, this also applies to
the comparison between other templates (e.g. samples, proofs and printout
data) -
even if these were created by the contractor - and the end
product.
• (4) The contractor is exempt from any liability if
the customer has not accepted a sample, proof or print created
by the contractor or has provided a sample or printout of the
print data himself. In this context, no complaints will be
accepted.
• (5) If part of the delivered goods is defective,
this does not justify a complaint about the entire delivery. An
exception only applies if the partial delivery is of no interest
to the customer.
• (6) Up to a level of 3% excess or
short deliveries from a quantity order of 1,000 pieces. or more
to add to the ordered goods.
• (7) In the event of material defects
in the delivered items, the contractor is obliged and entitled
to choose between subsequent improvement or replacement delivery within
a reasonable period of time. The customer can withdraw from the contract
or reduce the purchase price appropriately if a repair or
replacement delivery fails, for example due to impossibility,
unreasonableness, refusal or unreasonable delay.
• (8) If the
defect is the responsibility of the contractor and is based on his fault,
the customer can demand compensation, taking into account the
conditions specified in §17.
• (9) If the contractor
is unable to rectify defects in the products/parts of other manufacturers
for licensing or factual reasons, he can either assert his
warranty claims against manufacturers and suppliers for the
customer's invoices or assign these to the customer. In the
case of such defects, there are only warranty claims against
the contractor under the other conditions and in accordance with
these General Terms and Conditions if the judicial enforcement
of the aforementioned claims against the supplier/manufacturer
was unsuccessful or is futile, for example due to insolvency.
For the duration of the legal dispute, the statute of limitations
for the affected warranty claims on the part of the customer
against the contractor is suspended.
• (10) The
contractor shall not be liable if the customer makes changes to the
delivery item or has them made by third parties without the
consent of the contractor.
This makes the rectification of defects
unreasonably difficult or even impossible.
The client alone has to
pay for the additional costs that arise when the defect is remedied.
•
(11) If a delivery of used items is agreed with the client in an
individual case, any warranty is voided.
• (12) All
templates that the contractor receives will be treated with care. If
the templates are damaged or lost, the contractor only accepts
liability up to the material value. Any further claims are
excluded. Specimen copies sent in to check the complaint cannot
be returned for legal reasons.
• (13) All of the above
limitations of liability are invalid in the case of grossly
negligent and intentional behavior (see also §17).
•
(14) The contractor is not liable for normal wear and tear.
•
(15) Claims due to defects are not assignable, but are only available to
the direct client against the contractor.
§ 9 Retention of title
• (1) The retention of title
is regulated below. It serves to secure all current and future claims
on the part of the contractor against the client, which result from the
supply relationship between the two contracting parties for the
products offered by the contractor.
• (2) The
contractor retains ownership of the delivered goods until all secured
claims have been paid in full by the customer. These goods and
the goods covered by the retention of title that take their
place under this agreement are referred to below as "reserved
goods".
• (3) The client is obligated to store the reserved
goods for the contractor free of charge.
• (4) The client
has the right to process and sell the goods subject to retention of
title in the ordinary course of business until the event of
realization (paragraph 9).
Pledges and assignments by way of security
are not permitted.
• (5) It is agreed that in the event that
the goods subject to retention of title are processed by the
customer, the processing is carried out in the name and for the account
of the contractor as manufacturer and the contractor has direct ownership
or co-ownership/fractional ownership (if the processing
consists of substances from several ownership takes place or
the value of the processed item is higher than the value of the
reserved goods) of the newly created item in the ratio of the value of
the reserved goods to the value of the newly created item. If
the contractor does not acquire ownership in this way, the
customer already now transfers his future ownership or
co-ownership (in the above-mentioned ratio) to the newly created
item to the contractor for his security. If the goods subject
to retention of title are inseparably mixed with other items in
this context or are combined with them to form a single item
and one of the other items is to be regarded as the main item,
the customer receives proportionate co-ownership of the single
item from the contractor, insofar as the main item belongs to
him matter in the relationship specified in sentence 1.
•
(6) In the event of a resale of the goods subject to retention of title,
the customer hereby assigns the resulting claim against the
purchaser to the contractor as a precaution. In the case of
co-ownership of the contractor in the goods subject to retention
of title, this is done proportionately according to the co-ownership
share.
The same regulation applies to all other claims that take the
place of the reserved goods or otherwise arise with regard to
the reserved goods. This includes but is not limited to
insurance claims or claims in tort for loss or destruction. The customer
is revocably authorized by the contractor to collect the claims
assigned to the contractor in his own name for the account of
the contractor. This direct debit authorization may only be
revoked by the contractor in the event of realisation.
• (7) In
the event of access to the goods subject to retention of title by third
parties (in particular by bailiffs and seizure), the customer
is obliged to point out the property of the contractor and to
notify him immediately so that he can assert his property rights.
If
judicial and extrajudicial costs incurred by the contractor in this
context cannot be borne by the third party, the customer shall
be liable to the contractor for these.
• (8) If the value of
the goods subject to retention of title and the items or claims replacing
them exceed the amount of the secured claims by more than 50%,
the contractor will release these to publishers of his
choice.
• (9) If the customer breaches the contract –
particularly in the event of default in payment – the
contractor has the right to withdraw from the contract (case of
enforcement)
and to demand the return of the reserved goods.
§ 10 Payment
• (1) The only payment option is prepayment, unless otherwise agreed in
writing between the customer and the contractor. When paying by
direct debit or credit card (VISA and MASTER card only), the
invoice amount will be collected from the client before
production begins. Any bank charges incurred will be charged to the
client.
• (2) If the client refuses to accept the goods without
justification, the contractor has the right to claim damages.
This sum does not include sales tax and need not be unreasonable.
•
(3) Invoices are payable immediately upon receipt without deduction,
unless there is a written agreement on other terms of
payment.
• (4) Both sales personnel and technical personnel are
not authorized to collect cash.
Payments with a discharging effect
can only be made directly to the contractor or to a bank or
postal check account specified by the contractor.
• (5) The
contractor expressly reserves the right to refuse checks or the exchange
of other currencies. Checks and other currencies are only ever
accepted as payment.
Discount and bill of exchange charges are due
immediately and are to be borne by the customer.
•
(6) If the client has older debts with the contractor, the contractor is
entitled to initially offset payments against the client's
older debts, despite provisions to the contrary. The contractor
informs the client about the offsetting that has taken place.
Costs
and interest that have already been incurred entitle the contractor to
offset the customer's payment first against the costs, then
against the interest and finally against the main
service.
• (7) Only when the Contractor can access the amount,
a payment is deemed to have been made. With regard to checks,
payment is deemed to have been made only when the check has
been cashed and can no longer be returned.
• (8) In principle,
a reasonable advance payment or security, for example by credit card
or guarantee, can be requested for all orders.
• (9) If a
significant deterioration in the customer's financial situation
or creditworthiness becomes known after the conclusion of the
contract and this jeopardizes the fulfillment of the payment
claim, the contractor has the right to demand advance payments,
to retain the goods and to stop further work. If further deliveries
are based on this contractual relationship and if the customer is also
in deflay with these, the right of the contractor mentioned in
this paragraph also applies here.
• (10) Even if
counterclaims and notices of defects are asserted, the client is
only entitled to set-off, retention or reduction if the
counterclaims have been legally established or are undisputed.
However, the customer is also entitled to retention due to
counterclaims from the same contractual relationship.
§ 11 Accounts, permits and changes
• (1) All
invoices issued by the contractor are subject to possible errors.
The contractor can issue a new, corrected invoice no later than
six weeks after receipt of the invoices by the client. After
six weeks from receipt of the invoice by the customer, the
invoice is deemed to have been accepted by the latter, unless the
customer objects to the contractor in writing within this
period of six weeks, stating the item on the invoice that is
the subject of the complaint. This also includes desired changes
to the billing address or the bill recipient. The period of six
weeks does not affect the obligation to pay or the obligation
to notify defects within the shorter period specified in these
General Terms and Conditions.
§ 12 Patents, Copyrights and Trademarks
• (1) The
customer and his customers are indemnified by the contractor
against claims arising from infringements of copyrights,
trademarks or patents and the like, provided that the design of
a delivery item or the data supplied does not originate from
the customer.
• (2) The indemnification obligation of the
contractor to the client referred to in §12(1) is limited to
the amount of the foreseeable damage. Another prerequisite for
the exemption is that the contractor is allowed to conduct
legal disputes. In addition, the alleged violation of rights
must be attributable exclusively to the contractor's delivery item
without connection or use with other products.
• (3) The
contractor can free himself from the paragraphs and the
obligations assumed thereby, if he either: o [a] is able to
obtain the necessary licenses in relation to the rights
allegedly infringed (copyright, trademark or patent, etc.), or o [b]
provide the Client with a replacement in the form of a modified
Deliverable or part thereof which, in the event of an exchange
for the infringing Deliverable or part thereof, eliminates the
allegation of infringement with respect to the Deliverable.
§ 13 Industrial property rights and copyrights
• (1)
If the execution of the order infringes the rights of third parties (in
particular copyright, trademark or patent rights and the like),
the customer shall be solely liable for this. With his order,
the client declares that he is in possession of the duplication and
reproduction rights of the submitted documents. In the event of a
violation of rights in this regard, the customer shall
indemnify the contractor against all third-party claims.
§ 14 Commercial practice and copyright
• (1) Unless
a different order has been placed, the commercial customs with
the applicable law of the contractor's country shall apply in
commercial transactions. This includes, among other things, the
non-existing obligation to hand over intermediate products such
as data, pre-productions or those created to manufacture the end product
owed.
• (2) The contractor reserves all rights (copyright) for
all services rendered on behalf of the customer – in particular
graphic drafts, text and image marks, layouts, etc.
With the
remuneration of the client for the work of the contractor, the client only
pays for the work performed itself, but not the intellectual
property rights and in particular not the right of further
reproduction. If there is a written agreement, the copyright can be
transferred to the client or a third party against payment of a fee. In
this case, the rights are only transferred to the client or the
third party once the agreed fee has been paid.
§ 15 Confidentiality
• (1) The information submitted
to the contractor in connection with orders is not considered
confidential unless something else has been expressly agreed in
writing.
• (2) The participant undertakes to process personal
data from other users, which he receives via the hot-s-hot.com
service (e.g. via incoming orders), only for processing and
answering the respective request and to use. Any further use of this data,
in particular for advertising purposes, may only take place
after obtaining the necessary consent(s) from the persons
concerned.
§ 16 Data and order documents
• (1) Data that the
contractor receives from the client on the basis of the business contract
will only be stored by the contractor for processing the order
received.
• (2) Archiving of items brought in or sent by the
customer, such as templates, data or data carriers, is only
possible after written agreement and for a special fee beyond the
time of handover of the end product. If this is to happen, the customer
must take care of this himself if there is no agreement. The
contractor cannot be held liable for any damage or loss, for
whatever reason. An exception is grossly negligent or intentional
behavior (see §17).
• (3) The search for data in the archive
can be charged at cost.
• (4) Other order documents and data on
CD/DVD/other data carriers cannot be returned.
• (5)
The customer acknowledges that his data from the contractual relationship
will be stored by the contractor for the purpose of data
processing. The contractor also reserves the right to transmit
the data to third parties (e.g. parcel services, insurance companies,
etc.) if this is necessary for the fulfillment of the contract.
§ 17 Liability for damages due to negligence
• (1)
In accordance with this §17, the contractor's liability for damages,
regardless of the reason (in particular due to impossibility,
defective or incorrect delivery, delay, breach of obligations
during contract negotiations and tort), is limited, whereby it is
culpability
matters.
• (2) The contractor cannot be held liable for o [a]
simple negligence of its organs, employees, legal
representatives or other vicarious agents, o [b] gross negligence
on the part of its non-executive employees or other vicarious
agents, unless there is a breach of essential contractual
obligations. Essential to the contract are the obligation to
deliver and install on time and free of defects, as well as duties of
care, advice and protection that are important for the
contractual use of the delivery item by the customer or the
protection of life and limb of the customer's staff or third parties
or the property of the customer aim to protect the client from
considerable damage.
• (3) If the contractor is
liable for damages based on Section 17(2), this liability shall be
limited to the damage that was foreseeable for the contractor at the time
the contract was concluded as a possible consequence of a
breach of contract or that he could incur when applying due
diligence, taking into account the circumstances that
were known to
him or that he should have known, should have foreseen. In
addition, only indirect damage and consequential damage
resulting from defects in the delivery item can be compensated
if such damage is typically to be expected when the delivery
item is used as intended.
• (4) Even if it is a matter of a
breach of essential contractual obligations, in the event of
liability for simple negligence, the Contractor's obligation to pay
compensation for property damage and personal injury is at most
double for all insured events in one insurance year ($6.00) and
at most one amount of $3.00 per injured person.
• (5) The
exclusions and limitations of liability also apply to the same extent in
favor of the organs, employees, legal representatives and other
vicarious agents of the contractor.
• (6) Free
technical information and advice provided by the contractor that is not
part of the scope of delivery agreed, owed and specified in the
contract is excluded from any liability.
• (7) The
restrictions on the contractor's liability mentioned in this paragraph do
not apply to guaranteed characteristics, in the event of injury
to life, limb or health, in the event of intentional behavior
or under the Production Liability Act.
§ 18 Final Provisions - Governing Law, Venue and Severability
• (1) If disputes arise from the terms and conditions between the
contractor and the client (if the client is a merchant, a legal
entity under public law or a special fund under public law),
the contractor has the choice of choosing the contractor's registered
office as the place of jurisdiction or the seat of the customer.
The registered office of the contractor is the sole place of
jurisdiction for legal action against the contractor.
Compulsory business provisions on exclusive places of jurisdiction
remain unaffected by this provision.
• (2) The right of the
valid legal version of the contractor is based on these terms and conditions
and the entire legal relationship between the contractor and the
client.
• (3) If the contract or these General Terms and
Conditions contain loopholes, the legally effective regulations
for filling these loopholes shall be deemed to have been agreed,
which the two contracting parties would have agreed according to
the economic objectives of the contract and for the purpose of
these General Terms and Conditions if the loophole was known
would have been.
• (4) In the event that a provision in these
General Terms and Conditions or a provision within the
framework of other agreements is or becomes invalid, the validity of
all other provisions or agreements remains unaffected.
• (5) If
the client is an entrepreneur, but not a merchant, a legal entity under
public law or a special fund under public law, the provisions
specified in §18(1) also apply.
General terms and conditions hot-s-hot.com contract supplement
trade - private
1. hot-s-hot.com provides an online service with the marketplace ad
services, through which the user as an advertiser can create
and publish offers and requests (hereinafter referred to as
“ads”) consisting of text and images and as Interested parties
can see advertisements published by other users. In addition,
the hot-s-hot.com services also enable the exchange of electronic messages
between advertisers and interested parties. Insofar as this is necessary
for the conversion into file formats suitable for the
hot-s-hot.com services, hot-s-hot.com will convert the user's
advertisements into formats for use in mobile applications and
websites.
2. The hot-s-hot.com services are used to publish
advertisements and bring together suppliers and prospects for
the goods and services posted. hot-shot.com itself is not a provider of
the products advertised in the advertisements.
3. As
part of the ad display and on a user's overview page,
hot-s-hot.com displays additional information about the user
and their activities in the hot-shot.com services (this can include
information on the response rate and/or average Response time
to requests for published ads, so-called activity indicators).
hot-s-hot.com can also identify the user based on certain
criteria.
4. hot-s-hot.com enables users to evaluate each other
based on a concrete interaction with each other and in a
publicly accessible way. The use of the rating system is based
on the principle of the hot-s-hot.com rating function.
5.
hot-s-hot.com allows users to follow other users or ads and to
save searches. hot-s-hot.com informs the user about articles on
the watch list, e.g. changes in the description or price
changes, about newly listed articles of the following users as
well as about new articles that match a search request.
6.
hot-s-hot.com publishes and advertises the hot-s-hot.com services and
the advertisements placed by the users itself and through third
parties, for example by integrating the advertisements or
excerpts thereof on websites, within software Applications
(“Apps”), in emails, in print, radio and television marketing
campaigns or in other media. hot-s-hot.com also allows third
parties to advertise their offers and services through the
hot-s-hot.com services. hots-hot.com may also provide third parties with
access to the data, information and content published through
the hot-s-hot.com Services to support these activities. The
user permits hot-s-hot.com to use its ads for the purpose of advertising
and increasing the reach of the hot-s-hot.com services.
This also
applies to translations for the purpose of integrating the
translated advertisements into foreign-language offers.
7. The classified ads customer service is available to every user free of
charge to submit complaints and other inquiries and also
operates an internal complaints management system for
commercial users. The customer service documents submitted
complaints, examines them carefully and will take any necessary
measures within a reasonable time frame and inform the user about
this or about the result of the complaint procedure.
8. hot-s-hot.com enables users to sort the search results based on
various criteria (e.g. listing date, price). In addition, the
search results also show ads for which the respective provider has
agreed to pay an additional fee for their prominent display
(e.g. as a top ad).
A) Registration, user account
1. For full use of the
hot-s-hot.com services, in particular for placing advertisements,
displaying certain contact details of advertisers and exchanging
electronic messages with other users, the user must register with hot-s-hot
.com required. The prerequisite for registration is that the user is
a natural person, legal entity or partnership. If the user is a
minor, he may only register at hot-s-hot.com with the consent
of his legal guardian. In this case, hot-s-hot.com reserves the
right to make the provision of services dependent on the
submission of proof of the consent of the legal guardian.
2.
The user is obliged to provide the data collected during registration by
hots-hot.com truthfully and completely. If the data changes after
registration, the user is obliged to update the data himself
immediately in the passwordprotected user area of the hot-s-hot.com
services.
3. By submitting the registration form, the user
submits an offer to conclude a user agreement with
hot-s-hot.com, with which he accepts the validity of the terms
of use and declares his knowledge of the data protection declaration.
If
hot-s-hot.com accepts the registration, the user will receive a
confirmation email with a personalized link. Upon receipt of
the confirmation e-mail, hot-s-hot.com and the user enter into
a contract for the use of hot-s-hot.com services (hereinafter
"usage contract"). In order to complete the registration, the
user must access the link provided in the confirmation e-mail and
thus verify his e-mail address. There is no entitlement to the
conclusion of a usage contract.
4. With successful
registration, a user account is created for the user, which he
can access using his e-mail address and the password chosen
during registration. The password can be changed by the user at
any time via the password-protected user area. It must be kept
secret by the user and protected from access by unauthorized
third parties. If the user discovers or suspects that his
access data is being used by a third party without authorization,
he must notify hot-s-hot.com of this immediately and change his password
immediately.
5. Each user may only register once with the
hot-s-hot.com services for private use and for commercial or
freelance use ("commercial users") of the hot-shot.com services. User
accounts are not transferrable.
6. hot-s-hot.com can make the
use of certain functions of the hot-s-hot.com services or the
extent to which individual functions can be used dependent on the
fulfillment of additional requirements, e.g. B. the provision of
additional data, an examination and verification of the user's
data, the duration of use,
the type of use (private/commercial), the
user's previous payment history and/or the submission of
certain evidence.
7 hot-s-hot.com also reserves the right to
test new or changed functions and features for specific user
groups in order to improve the user experience, insofar as this
is reasonable for the users, taking into account the legitimate interests
of hot-s-hot.com . This can lead to different representations for different
users.
8. The user receives an overview of the ads he has
published on his user profile page. He also receives
information about his activity indicators and can make changes
to his settings, preferences and data.
9. As part of the hot-s-hot.com services, hot-s-hot.com has access to
various information about users, including personal data. This
includes, in particular, information that users transmit to
hot-s-hot.com as part of the hot-s-hot.com services (e.g.
contact or advertisement information) as well as information that is
used in the provision and processing of the hot-s- hot.com services
are generated (e.g. ratings, activity indicators or
communication). Users receive information necessary for the
provision of the hot-s-hot.com service (in particular, the
messages and contact information of an interested buyer) through
the hot-s-hot.com service. Users also have access to important information
they have submitted (particularly under Messages, Ads and Settings)
through the “Mine” section. 10. hot-s-hot.com provides certain
user groups with analysis data on their activities and on the
ads they have placed. hot-s-hot.com only passes on the advertisements,
including the information contained therein about users and other
information from the hot-s-hot.com services, to third parties or
provides third parties with access to this information if this
required for the provision of the hot-s-hot.com service (e.g.
to increase the range in the case of advertising the
hot-s-hot.com service and the publication of the advertisements via
third parties in accordance with Section 1 No. 7 of these Terms
of Use ) or hot-s-hot.com is legally or contractually entitled
to do so.
Informed about the processing of personal data by hot-s-hot.com including
the transmission to third parties and the rights of the user as
the person concerned hot-s-hot.com in the privacy
policy.
B) Conclusion of advertising and service package contracts
1. If the user has successfully registered with hot-s-hot.com, he
has the opportunity to create his own advertisements free of
charge via the hot-s-hot.com services and in the hot-s-hot.com
services to publish.
hot-s-hot.com reserves the right to only publish
advertisements in certain categories against payment of a fee.
Irrespective of this, hot-s-hot.com reserves the right to limit
the number of advertisements published free of charge by a user
within a certain period of time and to only offer the publication
of additional advertisements against payment of a fee.
When placing
an advertisement, the user has the option of selecting and booking
certain additional services that are subject to a fee or to book
such additional services that are subject to a fee after the
publication of an advertisement. hot-s-hot.com can offer
service packages with special services or conditions for
certain user groups and/or in certain categories.
2. By
entering the display data, if necessary selecting additional services
that are subject to a fee or selecting the desired service
package and submitting the corresponding form, the user gives
hot-s-hot.com a binding offer to conclude a contract for the
temporary publication of the advertisement (hereinafter
"advertisement contract") or a service package (hereinafter "service
package contract") in the hot-s-hot. com services for which
additional terms may apply. The process can be canceled at any
time before the form is sent by closing the browser window or
the application. The user also has the option of checking the
content of the designed ad using a preview function before
submitting the form and correcting his or her details if
necessary.
3. hot-s-hot.com can accept the offer to conclude an
advertisement contract by making a separate declaration to the
user or by activating the advertisement.
With the acceptance of the
offer by hot-s-hot.com, the advertising contract or the service
package contract is concluded. hot-s-hot.com is not obliged to accept
contractual offers from the user.
4. The advertisement data is
stored electronically in each case. The user can manage his
advertisements in the password-protected user area of the hot-shot.com
services, in particular also delete them there. The text of the advertising
contract is not saved separately. However, the user can call up
the terms of use on which the advertising contract or the
service package contract is based at any time via the
hot-s-hot.com website and then save them in a reproducible
form.
5. Even after an advertisement contract has been
concluded, it is possible for technical reasons that the
advertisement cannot be found immediately after activation via
the category search or with the help of search terms within the hot-s-hot.com
services.
6. In the case of an invoice being sent, this is done exclusively
electronically.
7 The user is not permitted to offer or cede
the acquired services to third parties without the consent of
hot-s-hot.com; this applies in particular to services from a
service package contract.
C) Content requirements for advertisements placed
1.
The user is obliged to place each advertisement in the appropriate
category and to describe his respective offer truthfully and
stating all relevant characteristics and properties in words
and, if possible, also with meaningful pictures. hot-s-hot.com
can support the user, e.g. by suggesting a category or other
features of the item offered based on the specified title. The user
is obliged to check all entries carefully and only accept
appropriate suggestions for his advertisement.
2.
When placing an advertisement, the user is also obliged to state whether
he is publishing the advertisement privately or in the exercise
of a commercial or self-employed professional activity.
hot-s-hot.com can, under certain conditions, demand that the
user generally specifies whether he is using his user account
purely privately or purely commercially.
3. The posting of
advertisements, texts, images or other content that violates legal
provisions, these terms of use, the rights of third parties or morality
is prohibited. In particular, it is forbidden to post content -
which violate copyright, trademark and competition law
regulations or statutory provisions on the protection of
minors, -that violate the rules regarding prohibited content, or
which contain untrue information or which are otherwise
misleading.
4. Users who use the hot-s-hot.com services as a
commercial provider or otherwise for business purposes are
subject to special legal regulations.
They are i.a. obliged to
fulfill the legal information obligations and, in particular, to
provide a complete provider identification that satisfies the
legal requirements. hot-s-hot.com assumes no liability for the
correctness and completeness of your information.
D) Special obligations of the user
1. The user is
obliged to refrain from any actions that could endanger the safe operation
of the hot-s-hot.com services or annoy other users or that would otherwise
go beyond the intended use of the hot-s-hot.com services.
In
particular, he is obliged to refrain from - Email
advertisements, SMS advertisements, chain letters or other
annoying to send content, - Send viruses or
any other technology that disrupts the hot-s-hot.com services
or could damage the interests or property of other users, - the
infrastructure of the hot-s-hot.com services an excessive load suspend
or otherwise disrupt the functioning of the hot-s-hot.com
to disrupt or endanger services, - Content
from hot-s-hot.com without the prior consent of hot-s-hot.com reproduce,
make publicly available, distribute, edit or otherwise use in a manner
that is beyond the intended use of the hot-s-hot.com services. -
the advertisements or other content of third parties without their prior
consent to reproduce, to make publicly available, to
distribute, to edit or otherwise use in a manner that is
beyond the intended use of the hot-s-hot.com services. -
without the express written consent of hot-s-hot.com Crawler, Use
spiders, scrapers or other automated mechanisms to access
access the hot-s-hot.com services and collect
content, - Information, in particular e-mail addresses or
telephone numbers, about others Collect or collect users
without the prior consent of the users use, - circumvent
measures intended to prevent access to the hot-s-hot.com prevent
or restrict services.
2. The user is obliged to back up all
data and information stored within the hot-s-hot.com services
that he currently or could need for the purposes of preserving
evidence, bookkeeping or other purposes, on his own storage medium
and to archive.
E) Deleting ads, blocking users, other measures
1.
hot-s-hot.com is entitled to delete advertisements or other content of
the user placed in the hot-s-hot.com services in whole or in
part or to delay or not to publish advertisements or other
content of the user , if there are concrete indications that
the advertisement or the content violates these terms of use or legal
requirements, or that the user has otherwise culpably violated
contractual obligations. In such a case, hot-s-hot.com can also
warn the user and/or temporarily or permanently exclude the
user from using the hot-s-hot.com
services. In the event of a
temporary or permanent blocking, hot-s-hot.com will inform the
user of this circumstance 30 days before the blocking takes
effect and justify this on a durable medium (e.g. e-mail),
provided there are no compelling reasons to the contrary. The
aforementioned period does not apply if the termination or
permanent blocking is due to mandatory legal provisions or
official orders or hot-s-hot.com can prove that the user repeatedly
violated these terms of use, which led to termination or
permanent blocking.
2. hot-s-hot.com also reserves the right
not to publish advertisements or to remove them from the
hot-s-hot.com services where there are indications that the
advertised product is not freely available for sale or otherwise is
offered in an unlawful manner, or if there are indications that
the ad is intended or was placed for abusive purposes.
hot-s-hot.com also reserves the right to exclude certain
products from an advertisement and to remove corresponding advertisements
if these products are typically advertised for improper purposes.
3.
If a user was excluded from using the hot-s-hot.com services by
hot-shot.com or if the contract of use with the user was terminated, the
user may also use the hot-s-hot.com services with other user
accounts, including such user accounts that were created for
third parties, and do not register again for a registration
with the hot-s-hot.com services.
4. hot-s-hot.com is entitled
to restrict or terminate the provision of the hot-s-hot.com
services in whole or in part and to delay the publication of advertisements
or other user content if this is due to capacity limitations , the
security or integrity of the server or to carry out technical measures, or
this serves the proper or improved provision of services
(maintenance work).
5. If hot-s-hot.com takes one of the
measures, users have the opportunity to clarify the facts
underlying such measures as part of the internal complaints management
procedure of hot-s-hot.com's customer service.
F) Fees
1. hot-s-hot.com charges fees for certain
services provided in connection with the hot-s-hot.com services
and the use of certain functions of the hot-s-hot.com services.
hot-s-hot.com will expressly inform the user of the liability
to pay and the amount of the costs incurred before each booking of
a fee-based service.
2. From hot-s-hot.com for the
provision of its own services within the The prices quoted for
hot-s-hot.com services are in the selected national currency, including
statutory sales tax.
3. Agreed fees are due for payment
immediately and can be paid using the means of payment accepted
by hot-s-hot.com. If hot-s-hot.com offers and accepts SEPA
direct debit as a means of payment, direct debit will be announced.
If the collection of the claim fails despite timely notification and
the user is responsible for the failure, he must reimburse
hot-s-hot.com for the additional costs incurred as a
result.
G) Liability of hot-s-hot.com
1. The advertisements
and other user content published on the hot-s-hot.com services
do not reflect the opinion of hot-s-hot.com and are not checked
by hot-s-hot.com for their legality, accuracy and completeness.
hot-s-hot.com does not guarantee the accuracy and completeness
of the information contained in the advertisements, nor does it
guarantee the quality, safety or legality of the goods or
services offered by users.
2. hot-s-hot.com is liable according
to the statutory provisions for intent and gross negligence on
the part of hot-s-hot.com, its legal representatives, executive
employees or other vicarious agents. The same applies to the assumption
of guarantees or any other assumption of no-fault liability as
well as claims under the Product Liability Act or culpable
injury to life, limb or health. hot-s-hot.com is also liable
for simple negligent violations of essential contractual
obligations caused by hot-s-hot.com, its representatives, executives
and other vicarious agents, i.e. such obligations, the fulfillment
of which the user relies on for the proper execution of the
contract regularly trusts and may trust in the contract, but in
this case the amount is limited to the typically occurring,
foreseeable damage. Any further liability of hot-s-hot.com is
excluded.
3. Insofar as hot-s-hot.com's liability is excluded
or limited, this also applies to the personal liability of its
legal representatives, executive employees and other vicarious
agents.
H) User Liability
1. The user releases hot-s-hot.com
from all claims that other users or other third parties may
have due to an infringement of their rights through advertisements
and other content posted by the user on the hot-s-hot.com services
or due to assert his other use of the hot-s-hot.com services
against hot-s-hot.com. The user assumes the costs of the
necessary legal defense of hot-s-hot.com including all court
and attorney fees in the statutory amount.
The right to exemption
does not exist if the user is not responsible for the infringement.
2.
In the event of a claim by a third party, the user is obliged to
immediately provide hot-s-hot.com with all the information
required for the examination of the claims and a defense
against them, truthfully and completely upon request.
3.
Any liability of the user that goes beyond these regulations
remains unaffected.
I) Termination of the License Agreement
1. Unless
otherwise agreed, the user can terminate the contract of use, e.g.
as part of a service package, at any time in text form without
observing a period of notice. To do this, it is sufficient to
send a notice of termination by email to hot-s-hot.com customer
service (info@hot-s-hot.com) or via mail to: 1a-idee.com AG,
Division: hot-s-hot.com, Heinkelstrasse 1-3, 30827 Garbsen. In
the event of cancellation during an ongoing fee-based additional
service, there is no entitlement to a (pro rata)
refund.
2. hot-s-hot.com can terminate the contract of use at
any time with a notice period of 30 days. If an agreement has
been reached between the user and hot-s-hot.com for an
additional service that is subject to a fee and associated with
a specific term, and the agreed term only ends after the time specified
in sentence 1, hot-s-hot shall be deemed to have terminated the
contract .com is only possible with a notice period of 30 days
before the end of the agreed term of the additional service.
hot-s-hot.com will justify the termination to commercial users
on a durable medium (e.g. e-mail). The user may no longer book
any new services from hot-s-hot.com after receipt of a
cancellation declared by hot-s-hot.com. The deadline does not
apply if the termination is due to mandatory legal provisions
or official orders. hot-s-hot.com will justify this to the user
separately, unless there are compelling reasons to the contrary.
hot-s-hot.com's right to delete individual advertisements, to
block users and to carry out other measures as well as the
right to termination without notice for good cause remains
unaffected.
3. With the termination of the contract of use, all current advertisements
of the user will be removed from the hot-s-hot.com services and
the user's user account will be deactivated. From this point in
time, the user no longer has access to the user account. The
user account and all user data stored for it will be deleted no
later than six months after the end of the contract. This does
not apply to data that hot-s-hot.com is legally obliged to keep
or has a legitimate interest in keeping, e.g. to prevent a
renewed login after a legitimate block.
Aggregated data generated
through use can, in principle, continue to be stored even after
the end of the contract.
4. hot-s-hot.com also reserves the
right to irrevocably deactivate and delete user accounts with
incomplete registration data and user accounts that have been
inactive for a period of at least 12 months. hot-s-hot.com will notify
the user at least 30 days before deleting the user account on a
durable medium (e.g. by e-mail).
J) Privacy
Detailed information on the collection, processing and use
ofthe user's personal data in connection with registration,
theimplementation of the user agreement and the use of the
hot-s-hot.comservices can be found in the data protection declaration of
hot-s-hot.com.
K) Modification of the Terms of Use
The following
applies to changes to these terms of use: The user can agree to the
changed terms of use by accepting them when placing an
advertisement or when requesting an advertisement;
hot-s-hot.com will then mark this with a corresponding note. On
the other hand, hot-s-hot.com can propose a change to these
terms of use to the user at any time. Changes to these terms of
use will be offered to users in text form (e.g. by e-mail) no
later than 30 days before the proposed effective date. The
user's consent shall be deemed to have been given if the
rejection is not notified to hot-s-hot.com in text form before
the proposed effective date of the changes. If the user does not
agree with the changes, he has the right to cancel without
notice and free of charge up to the proposed effective date of
the changes. In the message with which the changes are offered,
hot-s-hot.com also specifically points out to the user the
right to refuse, the deadline for doing so and the possibility of
termination.
The changed terms of use will also be published on the
website of hot-shot.com published.
L) Exercise of rights by third parties, assumption of
contract
1. hot-s-hot.com may use other affiliated companies for the purpose
of fulfilling the contract and exercising the rights arising
from this contract.
2. hot-s-hot.com is entitled to transfer
all or part of its rights and obligations from this contractual
relationship to a third party with a notice period of four weeks.
In this case, the participant is entitled to terminate the contract of
use.
M) Final Provisions
1. The law of the provider's
registered office applies exclusively to the terms of use, the
contract of use and all agreements based thereon between hot-shot.com and
the user. The application of the UN Sales Convention (CISG) is excluded.
If the user acts as a consumer, the mandatory consumer protection regulations
that apply in the country in which the user has his habitual residence
also apply, provided that they grant the user more extensive protection.
2.
If the user is a merchant within the meaning of the German
Commercial Code, a special fund under public law or a legal
entity under public law, the provider's registered office is
the exclusive place of jurisdiction for all disputes arising
from the contract of use and the agreements based on it. The same applies
if the participant moves his place of residence abroad after the conclusion
of the contract or has no general place of jurisdiction in the
country in which the provider has its registered office. For
users who are consumers, the place of jurisdiction is the
user's place of residence. For all disputes arising from the
contract of use and these terms of use, the additional place of jurisdiction
for consumers is Hanover.
3. hot-s-hot.com is neither willing
nor obliged to participate in dispute resolution procedures
with consumers before a consumer arbitration board.
4.
hot-s-hot.com is willing to cooperate with mediators in order to reach an
outof-court settlement of any disputes with commercial users; Before
initiating such a mediation process, however, commercial users
should try to clarify their concerns with hot-s-hot.com's
customer service (see §1 No. 7 of these Terms of Use).
5.
Should individual provisions of these Terms of Use be or become void
or ineffective in whole or in part, this shall not affect the
effectiveness of the remaining provisions. Statutory law takes
the place of provisions of these Terms of Use that are not
included or are ineffective. If such statutory law is not
available in the respective case (regulatory loophole) or would lead to
an intolerable result, the parties will enter into negotiations
to find an effective regulation that comes as close as possible
economically to the non-included or ineffective
provision.
N) Content and Communication
• (1) By completing
your purchase, you accept receipt of any emails (including merchant
emails) you may receive to notify you of payment, processing, or
the processing process.
• (2) hot-s-hot.com assumes
no liability or responsibility for any communication from or
with the seller on or through the platform. You may not derive
any rights from any request, from any communication with the
Seller, or from any acknowledgment (of any kind) of any
communication or request. hot-s-hot.com cannot guarantee that
any request or communication will be (timely) read/received/fulfilled/executed/accepted
by the seller.
• (3) In order to carry out your purchase
process completely and securely, you must enter your correct
e-mail address. We are not responsible or liable for any
incorrect or misspelled email address or incorrect (mobile)
telephone number, credit card number or bank account number and
have no obligation to verify it.
• (4) The
participant is solely responsible for the content of the
advertisements.
hot-s-hot.com neither checks the correctness nor the
completeness of the content of the advertisements.
hot-s-hot.com assumes no liability for the correctness and
completeness of the advertisements.
• (5) hot-s-hot.com only
provides the technical requirements for the transmission of
information with the office module, ratings and mail systems hot-s-hot.com
has no influence on the content of the transmitted data