Our generally terms of business:
Our following terms and conditions apply, even when the client has a divergent terms and conditions.
Changes are made in writing. Change requests of the clients are only valid, when these are confirmed for record.
§ 1 General
1. Gefosa GmbH, hereinafter the "Operator", operates the internet portals gefosa.com hereinafter "Portal". The Portal is an internet platform for the marketing and sale of automobile equipment and parts. Wholesalers will hereinafter be referred to as "Sellers", and commercial buyers as "Buyers". Buyers and Sellers together will be referred to as "Users".
2. All agreements made between Operator and User, gratuitous or non-gratuitous, must be based on the Operator's current General Terms and Conditions, unless an individual exemption is agreed upon in writing. Users' General Terms and Conditions are irrelevant to contracts signed with the Operator. By signing up to the Portal, Users automatically agree with the Operator's General Terms and Conditions.
3. Through the Portal, any automobile equipment or parts may be sold by Sellers to Buyers, as long as the offer or the sale is not against the law, contrary to the accepted principles of morality, or in disaccordance with these General Terms and Conditions. The Operator does not offer its own articles for sale and does not act as a party or representative of any party to the contracts signed between Users of the Portal.
4. The Operator's only part in the legal relations between Users is supplying these General Terms and Conditions. Sellers decide for themselves and need to make clear whether the offer of an article is binding or non-binding.
5. The Operator retains the right to technically modify the offers made by Sellers to enable their display on mobile devices. Interested Buyers entering into a sales agreement from a mobile device are responsible for checking the entire content of the offer thoroughly before entering into the agreement.
§ 2 Contractual Object and Extent of the Services Provided by the Operator
1. The service provided by the Operator consists of supplying an electronic platform for offers made by Sellers, activating these offers, and enabling Buyers to access these offers through the Portal within the period agreed upon with the Seller. In addition, the Portal facilitates the conclusion of sales agreements between Sellers and Buyers.
2. The Operator retains the right to change the look and format of the Portal. A claim to utilizing the Portal can be made only with respect to the latest developments in technology. The Operator is entitled to limit or discontinue its services temporarily if this is deemed necessary in conncetion with its capacity, the safety or integrity of the Server, or for the implementation of technical measures, and contributes to the rendering of specified or improved services (maintenance). In such cases, the Operator respects Users' legitimate interests, e.g. through notifying them in advance.
§ 3 Contract Conclusion
1. The signing up and transmission of data by the User constitutes an offer to conclude a service agreement for the utilization of the Portal.
2. The Operator makes a decision as to whether the offer will be accepted or not at its own discretion and within 10 days after submission of the offer. The User is not entitled to receiving a declaration of acceptance.
§ 4 Authorized Circle of Users, Obligations Upon Signing Up
1. Only Users who have signed up in accordance with § 3 are authorized to use the Portal.
2. Only legal persons and natural persons and entities with unrestricted legal competence are permitted to sign up. Especially minors are not permitted to sign up. The person signing up must be authorized to conclude relevant contracts for the User.
3. Only manufacturers and commercial wholesalers are permitted to sign up as Sellers for automobile equipment and parts.
4. Only natural and legal persons who commercially buy automobile equipment and parts and have sufficient credit standing are permitted to sign up as Buyers. Their business must be an automobile related business (e.g. car dealers, tyre dealers, workshops, road hauliers, and resellers).
5. The User guarantees that his/her data supplied during the sign up process are correct. The Operator is entitled but not obliged to verify this information. Each User is responsible to confirm the identity of his/her contract partner. Furthermore, the Operator is entitled but not obliged to verify the credit standing of its Users. Users herewith declare that they agree with a possible verification process.
6. If the User's information changes, the User is obliged to update his/her information independently and without omissions, and indicate these changes to the Operator.
7. In accordance with the regulations concerning the sign up process and the current contract, the Operator retains the right to demand an excerpt from the commercial register and/or from the professional and trade register and other documents and information that are deemed necessary or useful for the sign up process or the current contract.
§ 5 Responsibility for Contents, User Liability, Exemption
1. To the Operator, the offers in the database are external content i.S.v. § 8 Paragraph 1 TMG. Users are solely responsible for the content they submit to the Portal and are obliged to comply with legal requirements. Users are especially responsible that the content submitted to the Portal is not against the law and does not affect the rights of third parties (e.g. copyright and trademark rights). If the content submitted does not comply with these conditions, Users are obliged to correct or delete it as appropriate.
2. The Operator does not examine the correctness or completeness of offers submitted to the Portal, or whether they affect the rights of third parties or are in disaccordance with objective law. Therefore, the Operator is not liable for any offences in the aforementioned areas, or for the credit standing of Users.
3. The Operator does not assume responsibility or liability that may result from sales agreements negotiated or concluded based on offers displayed on the Portal if they cannot be enforced due to the legal regulations of an involved state, or lead to any other legal or economic disadvantages for one or both parties.
4. Users are liable for all activities carried out under their User accounts, unless the User can provide evidence that an abuse of information has taken place for which he/she cannot be held accountable. In this context, the Operator emphasizes that passwords and usernames must be kept secret. The Operator never asks for such information to be provided.
5. The User exempts the Operator from all legal claims made against the Operator by third parties that result from the User's offers or from utilizing the Portal in any other way. The User is obliged to pay for the necessary legal representation through the Operater including any fees arising in connection with court proceedings and legal representation at the legally determined cost, unless the User cannot be held accountable for the violation.
6. The User agreement, i.e. the User account based on these General Terms and Conditions, cannot be transferred by the User. Passing on any information necessary for utilizing the Portal to third parties is strictly prohibited. A third party is any natural or legal person not identical with the User. Violations will be legally persecuted.
7. The database run by the Operator to operate the Portal is protected by copyright according to § 4 UrhG. Users are not permitted to copy, distribute, or reproduce contents of the database independently or with the assistance of third parties, to download data through Robot/Crawler or other automatic mechanisms, or to search the dadabase or use mechanisms likely to overload the Portal or exceed the average User load by 30%.
§ 6 Deleting Offers, Blocking, Termination, and Other Measures
1. The User agreement can be terminated in writing at the end of the quarter. The notification period is one month. The right to extraordinary termination according to point 5 remains intact.
2. If it can be reasonable assumed that a User is violating legal regulations, accepted principles of morality, the rights of third parties, or these General Terms and Conditions, or the Operator has other justified interests, the Operator is entitled to implement the following measures:
- Deleting offers or other contents that have been published on the Portal
- Issuing warnings to Users
- Restricting/Limiting Use of the Portal
- Preliminary or final exclusion (blocking) of Users.
3. When choosing one of the abovementioned measures, the Operator respects the legitimate interests of the User in question, especially when there are indications that the User may not be responsible for the violation.
4. The Operator is entitled to delete individual offers if their content or presentation is in violation of these General Terms and Conditions, especially the regulations detailed under §§ 4 and 5, if it is contrary to legal regulations, or if it adversely affects the rights of third parties.
5. The operator is entitled to exlude a User immediately and permanently from the Portal and/or the User agreement if the User repeatedly and seriously breeches these General Terms and Conditions or another significant reason exists. Such reasons exist especially when a User
- repeatedly fails to comply with his/her obligations resulting from contracts based on offers published on the database
- has not paid for ordered goods without a legitimate reason
- has abused and especially passed on information obtained in connection with using the Portal to third parties
- has passed on access information to third parties in violation of § 5 point 6.
- has constantly or repeatedly failed to pay his User fees on time.
This right leaves any further rights of the Operator, especially the right to compensation, intact.
6. If contractual relations are resumed and a User regains access to his/her account after the User agreement has been terminated or blocked by the Operator according to point 5., the Operator is entitled to demand a renewal fee based on the Operator's current price list.
§ 7 Payment Deadlines and Cost of User Fees, Payment, Set-off
1. For Buyers, utilization of the Portal is generally free of charge unless the case is governed by § 6 point 6. The cost of User fees for Sellers consists of a basic fee and commissions/overhead payments. Prices and fees are determined through the User agreement concluded between Seller and Operator.
2. Changes in price are anounced by the Operator early enough to permit Users to terminate the User agreement while complying with the notification period agreed upon, and before new prices are implemented. If the User does not exercise this right but chooses to keep utilizing the Operator's services after the price change is implemented, the price change becomes binding for both parties, and fees will be charged according to the new price structure.
3. The User is not entitled to offset with a counterclaim or assert his/her right of retention, unless this right definitely or legally exists.
§ 8 Disclaimer
1. In cases of force majeur, the Operator is exempted from its duty to render services. Force majeur includes all unforeseen events and events that affect contract compliance without any of the parties being responsible, e.g. labor disputes, official requirements or measures, breakdown of communication networks run by other operators, power grid breakdowns, and other technical difficulties, even if these circumstances involve subcontractors. No claims can be made by Users in such cases.
2. No claims can be made by Users due to disruptions or breakdowns resulting from technical measures as detailed in § 2 point 2.
§ 9 Limitation of Liability
1. Apart from substantial contractual obligations, the Operator is liable for damage vis-a`-vis Users only if and in sofar as the Operator or its representative agents are guilty of intent or gross negligence. If substantial contractual obligations are violated the Operator is liable for its own culpable behavior or that of its representative agents.
2. Except in cases of intent or gross negligence the liability of the Operator is limited to the damage typically foreseeable at contract conclusion. Equally, the Operator is only liable for the compensation of indirect losses, especially for lost profit, in cases of intent or gross negligence attributable to the Operator's legal representatives, company executives, or other representative agents.
3. The aforementioned exclusions and limitations of liability are not applicable in cases of injury to life, physical injury, or damage to health, as well as mandatory legal requirements.
§ 10 Privacy
1. Users are obliged to treat data and information obtained through using the Portal as well as other information obtained through this contract as confidential and refrain from passing it on to third parties, gratuitously or non-gratuitously, or use it for advertising purposes. This rule is to be observed for the duration of the contract as well as after the contract ends.
2. The use of data for advertising can be permitted in some cases for the User's own products if the Operator has expressly given written permission. The User is not permitted to direct, refer, or otherwise convert Users of the Portal to other websites and offers outside the Portal.
3. The Operator is entitled to pass on its rights and obligations resulting from this contract entirely or partially to third parties. For this purpose, the Operator is permitted to pass on customers' data to the third parties chosen. Customers will be notified of this data transmission at least two weeks in advance. In such cases, the User is permitted to terminate the contract according to § 6 point 6 of these General Terms and Conditions. Diverging from point 6, in this case the notification period is one week after the transition date.
4. The parties are obliged to treat the technical, commercial, and organisatory information and knowledge obtained from this contract as confidential and refrain from passing it on to third parties.
§ 11 Amendment of General Terms and Conditions
1. The Operator retains the right to change these General Terms and Conditions at any time, while observing a reasonable notification period of four weeks. The Operator may choose to notify Users of the amended General Terms and Conditions including the date when the amended version will become effective through publication on the internet Portal and/or via email.
2. If a User does not object to the amendment within two weeks of the publication of the notification on the Portal or receipt of the email notification he/she automatically accepts the new version. The significance of this two-week period is expressly emphasized in the notification.
3. If a User objects to the amendment of the General Terms and Conditions the Operator retains the right to terminate the contract with this User as of the date on which the new version becomes effective. In this case, the User's contents are deleted from the database upon termination of the contract. In such cases, no claims against the Operator can be made by the User in question.
§ 12 Applicable Law, Place of Performance, Place of Jurisdiction
1. The application and interpretation of all User agreements with Users including these General Terms and Conditions is based exclusively on German law. UN-Sales Law cannot be applied.
2. The place of performance is Erftstadt.
3. The Place of Jurisdiction for disputes between Operator and Users of the Portal is Brühl. This choice of forum clause can only be applied if the parties are merchants, § 38 ZPO.
§ 13 Final Provisions, Severablilty Clause
1. Ancillary agreements, additions and changes of contractual agreements must be made in writing to become effective. Exemptions from this rule must also be obtained in writing.
2. The invalidity of individual regulations within these General Terms and Conditions does not affect the validity of the other regulations. Invalid regulations are primarily replaced with other legally effective regulations that most closely correspond with them in economical terms. The same is true for any possible regulatory gaps.