Gerneral Terms and Conditions
General Terms and Conditions
for the Internet presence of all titles of the DAZ VERLAGSGRUPPE GmbH & Co. KG, An der Strusbek 23, 22926 Ahrensburg.
These comprise "DAZ DER AUTO-ANZEIGER", "DAZ TRANSPORTER", "DAZ CARAVAN, REISEMOBILE & TOURISTIK", "TRUCK-MOBILES", "BAUMA-MOBILES" and "DAZ AUTO-MOBILES" and are listed in summary in DAZ VERLAGSGRUPPE below.
§1 Scope
These General Terms and Conditions for the Internet site of the DAZ VERLAGSGRUPPE shall be considered accepted in full by all participants. This applies to both vendors and potential buyers.
§2 Services of the DAZ VERLAGSGRUPPE
(1) The DAZ VERLAGSGRUPPE Internet site is a database, in which vendors can enter and access their offers. Vendors hereby undertake to register supplying truthful data prior to entering their advertisements.
(2) DAZ VERLAGSGRUPPE also offers its participants on request the option, to place photo advertisements over the Internet in one or more of the advertising magazines of the DAZ VERLAGSGRUPPE at a charge. In this regard the General Terms and Conditions applicable to advertisements in newspapers and magazines apply, including the prices listed on the corresponding sites. In order to take advantage of this option, both private and trade advertisers must register online indicating their bank details. Invoiced sums are payable exclusively by direct debit in advance and only then will the advertisement be released for publication in the relevant advertising magazine.
The technical preconditions for submission of a printable advertisement, in particular with regard to the quality and size of the photograph, can be gathered from the corresponding data entry pages. If the person placing the advertisement supplies data material, which does not meet the preconditions, he cannot derive any claims as a result.
§3 Participation and the costs of advertisements, which are only intended to appear on the Internet.
The precondition for advertising vehicles is the vendor's unrestricted capacity to contract.
Advertisers must register online prior to their initial input.
No legal entitlement in principle exists for cost-free use either for private or trade customers.
§4 Design, Content and Duration of Advertisements
(1) The DAZ VERLAGSGRUPPE Internet site is provided solely for the purpose of serious advertising of (used) vehicles. Not permitted is advertising of purchases, searches, rental, leasing and spare parts. The advertiser must be entitled to dispose of the vehicles on offer. Incentive offers are not permitted.
(2) In order to ensure the current nature of advertisements all offers older than 28 days are automatically deleted from the online exchange. This can be prevented by prompt updating on the part of the vendor.
(3) Advertisements must not infringe either existing statutes or be intentionally misleading or offend public morality in terms of content or intent.
(4) If advertisements are accompanied by photographs, DAZ VERLAGSGRUPPE shall not be liable for the quality of reproduction or colour fidelity.
(5) Placing offers with "0190"area code telephone numbers is forbidden and will lead to exclusion from the DAZ VERLAGSGRUPPE Internet site.
§5 Responsibility for contents and consequences of violation
(1) The customer hereby undertakes not to transmit any data material containing potential viruses. In the event of contravention DAZ VERLAGSGRUPPE reserves the right to proceed against the customer for damages.
(2) Advertisement on the DAZ VERLAGSGRUPPE Internet site are for the sole purpose of publishing sales offers for vehicles in the relevant categories. Advertisements not relating to motor vehicles may be deleted by DAZ VERLAGSGRUPPE. Similarly the customer is not permitted to place advertisements with contents with the intention of purchasing vehicles.
(3) DAZ VERLAGSGRUPPE also reserves the right to decline advertisements at its own discretion or to delete them either wholly or in part. This right shall also apply if the advertiser makes identifiably false statements and if advertisements possess identifiably unlawful or inappropriate content or if they adversely affect the serious nature of the Internet site. The customer can derive no claims as a consequence of removal of such advertisements.
§6 Amendments to the General Terms and Conditions
(1) DAZ VERLAGSGRUPPE is entitled to amend these General Terms and Conditions at any time subject to a period of two weeks notice. Advance notice of amendment shall be given indicating the point in time of its validity on the DAZ VERLAGSGRUPPE home page. The customer is entitled to lodge an objection against the amendment and to terminate the agreement subject to a period of two weeks notice following announcement of the said amendment. Should he fail to do so the amended General Terms and Conditions shall be deemed to have been accepted by him.
(2) Price changes shall be notified to the customer promptly and in writing in order that the customer may terminate the contractual relationship within the contractually agreed period prior to entry into effect of the new prices. Should he fail to exercise this option and continue to avail himself of the services of the DAZ VERLAGSGRUPPE offer even after the effective date of the said price changes the price change then becomes binding and shall be the basis for subsequent invoices.
§7 Guarantee
DAZ VERLAGSGRUPPE is neither a party nor representative of any party nor broker for any party in respect of the business relationship ensuing between vendor and prospective buyer, but merely provides the technical preconditions for the transmission of information. DAZ VERLAGSGRUPPE accepts no responsibilty for contract negotiations, conclusion of contracts or implementation thereof. The advertiser bears sole responsibility for the correctness and content of advertisements. DAZ VERLAGSGRUPPE provides no guarantee as to the correctness or the identity and integrity of advertisers and potential buyers and does not check these.
§8 Liability
(1) DAZ VERLAGSGRUPPE bears no liability for losses caused by any software originating from DAZ VERLAGSGRUPPE.
(2) Advertisers on the DAZ VERLAGSGRUPPE Internet sites hereby undertake to ensure that data material input is maintained in current state of the art machine-readable form in order to minimise damages due to data loss.
(3) Internet offer advertisers hereby undertake, following successful input of their date to check that it is correct by reading it through.
§9 Data Protection
With use of the DAZ VERLAGSGRUPPE Internet site the customer declares himself in agreement that all his data is electronically stored in compliance with Data Protection legislation.
§10 Use of technical aids
Use of all functions of DAZ VERLAGSGRUPPE web pages may only take place using a web browser. In particular use of aids providing for automatic data retrieval in any form is prohibited. Any use of forms of access to databases, retrieval or transmission of databases, input of vehicle details or user accounts not available via the web screens the express written consent of DAZ VERLAGSGRUPPE
§11 Intellectual property and rights of use
All advertisements, information, company logos, texts, programs and images are subject to copyright law. They are subject to the DAZ VERLAGSGRUPPE right of use. Subsequent processing and use in other media of any description by third parties is only E4permissible with the written consent of DAZ VERLAGSGRUPPE . The rights of advertisers remain thereby unaffected
§12 Final Provisions
(1) Amendments or variations to these General Terms and Conditions must be in writing. Verbal agreements are invalid.
(2) German law applies to the exclusion of the UN Convention on the International Sale of Goods.
(3) In business transactions with registered traders, public law legal persons or public law separate assets the legal venue in the event of proceedings is Hamburg. If the residence or normal place of residence of the Client is unknown at the point in time of filing the action or if the Client is resident abroad or if his normal place of residence is abroad, the legal venue is similarly agreed as Hamburg.
(4) In the event of invalidity or individual provisions contained in these General Terms and Conditions the validity of the remaining provision shall be thereby unaffected. Taking into consideration the commercial interests of both parties any invalid provision shall be replaced by a valid provision which nearest approaches the purpose of the invalid provision.
General Terms and Conditions for advertisements in newspapers and magazines
"Advertisement application", as defined in the following General Terms and Conditions is the contract for publication of one or more advertisements with an advertiser or other person placing an advertisement in printed matter is for the purpose of dissemination.
In the event of doubt advertisements must be retrievable for publication within one year from the date of conclusion of the contract. If in the context of conclusion the right of retrieval of individual advertisements is conceded the instruction must be processed within one year from the point of appearance of the initial advert provided the initial advert is retrieved and published within the period cited in sentence 1.
In the case of contracts the Client is entitled to retrieve additional advertisements over and above the number of adverts cited in the contract within the period agreed or cited in Clause 2.
If a contract is not fulfilled on the basis of circumstances for which the Press is not responsible the Client, irrespective of any other legal obligations, shall refund to the Press the rebate difference between the guaranteed and actual take-up.
Refund shall not apply if the non-performance is due to force majeure within the scope of risk of the Press.
Inclusion of advertisements and external inserts to appear in specific numbers of the publication, specific editions or in specific places in the printed publication may take place if the Client has declared that advertisements and external inserts are to appear in specific numbers of the publication, specific editions or in specific places in the printed publication and if this has been expressly confirmed by the Press.
Adverts under particular section headings shall be printed under the respective section heading, no express agreement to that effect being required.
Partial text advertisements are advertisements which adjoin the text on at least 3 pages and which are not adjacent to other advertisements. Advertisements not recognisable as such due to their editorial design shall be clearly identified as such by the press with the words "Advertisement Feature"
The Press reserves the right to decline advertisement applications - including individual retrievals in the context of a contract - and insert instructions on the basis of content, origin or technical form if in the due diligence estimation of the Press the advertisement concerned violates laws, statutory provisions or public morality or if publication thereof is demonstrably unreasonable from the point of view of the Press. This also applies to advertisement orders submitted via agencies, receiving offices or representatives. Magazine or newspaper advertising insert applications are only binding upon the Press following submission of a specimen of the said insert and approval thereof. Inserts which convey the impression to the reader of being part of the newspaper or magazine or which contain third party advertisements are not accepted. Decline of any order shall be immediately notified to the Client.
The Client is responsible for timely delivery of the advertisement text and faultless print documentation. The Press shall require immediate compensation in respect of unsuitable or damaged print documentation. The Press guarantees standard print quality for the titles reserved within the bounds of possibility given the print documentation supplied.
The Client has a claim in the event of illegible, incorrect or incomplete printing of the advertisement either wholly or in part to reduced payment or perfect replacement advertisement but limited to the extent that the purpose of the advertisement was impaired. If the Press permits an appropriate period of grace for rectification to pass to no avail or if the replacement advertisement is not reprinted faultlessly the Client has a right to a reduction in payment or cancellation of the order. Damages in the event of positive infringement of requirement, culpability on conclusion of contract and unlawful act are – including telephone transmission of the order – are excluded. Damages arising from impossibility to supply and delay are limited to compensation of foreseeable damage and remuneration in respect of the advertisement or insert concerned. This shall not apply in the event of intent and gross negligence on the part of the publisher, his legal representatives and vicarious agents. Liability on the part of the Press for damages on the basis of absence of assured qualities remains unaffected. In the course of commercial business nor is the Press additionally liable for gross negligence on the part of simple vicarious agents; in all remaining cases foreseeable damages vis-à-vis traders are limited in scope to the level of the remuneration for the advertisement concerned. Complaints – including in the event of non-apparent defects – be submitted within one week following receipt of invoice and voucher.
Press proofs are only supplied if expressly requested. The Client bears responsibility for ensuring the correctness of press proofs sent. The Press shall incorporate all error corrections notified to it within the period set when the press proofs are sent out.
If no particular size instructions are given appearance will be based on the actual and customary the font size indicated in the invoice.
If the Client does not make any advance payment the invoice shall be sent out immediately, but possible fourteen days following publication of the advertisement. The invoice must be paid within the current period from receipt of invoice as indicated in the pricelist if no other payment term or advance payment is agreed in any individual case. Any rebate for early payment shall be allowed as per pricelist.
In the event of payment arrears or deferral interest shall be charged as per pricelist plus collection charges. The Press may place on hold any further implementation of the current contract until payment is received and require advance payment for the advertisements remaining. In the event of justifiable doubts regarding the Client's ability to pay the Press shall be entitled to make the appearance of further advertisements conditional upon settlement of outstanding sums invoiced including during the term of the advertising contract irrespective of any payment terms originally agreed.
The press shall supply with the invoice on request an advertisement voucher. Depending on the nature of the advertising contract advertisement extracts, voucher pages or complete voucher number can be supplied. If a voucher can no longer be obtained it shall be replaced by a legally binding certificate on the part of the Press regarding publication and distribution of the advertisement.
Costs in respect of preparation of ordered printer's copies and drawings including significant alterations to the original versions desired by the Client or for which he is responsible Costs must be borne by the Client.
In the case of numbered advertisements the Press applies the due diligence of a proper business person in safeguarding and proper timing of the offer. Registered letters and special express delivery letters relating to numbered advertisements are only forwarded by normal mail. Receipts on numbered advertisements are retained for four weeks. Replies not collected within this period are destroyed. The Press returns valuable documents although not obligated to do so. In the interests of and for protection of the Client the Press reserves the right to open offers received for checking purposes in order to exclude misuse of the number service. The Press is not obligated to forward commercial target marketing and intermediary offers.
In business transactions with registered traders, public law legal persons or public law separate assets the legal venue in the event of legal action is Hamburg. If the residence or normal place of residence of the Client is unknown at the point in time of filing the action or if the Client is resident abroad or if his normal place of residence is abroad the legal venue is similarly agreed as Hamburg.
Additional Press Terms and Conditions
a. In the event of changes to advertisement prices the new conditions also take effect for current contracts – in the absence of any written agreement to the contrary - with effect from the date of introduction of the new tariff.
b. If any defects in print documents are not immediately recognisable but only become clear during the printing process the advertiser shall have no claims in the event of an unsatisfactory print.
c. As a matter of principle the Press accepts no responsibility for the quality of reproduction of photographically designed advertisements.
d. If common rebate is claimed for companies affiliated in the same group writted confirmation of a capital holding of at least 50% is required
e. The Client bears sole responsibility for the content and legal admissibility of texts and image documentation submitted for the advertisement. The Client is responsible for indemnifying the Press from third party claims against the Press accruing to the latter from performance of the contract, even if the latter is cancelled. The Press is under no obligation to check orders and advertisements for the purpose of ensuring that third party rights are not adversely affected by them. If cancelled adverts appear through oversight the Client may derive no claims against the Press as a consequence.
f. In the case of advertisements communicated by telephone claims against the Press on the basis of incorrect reproduction are excluded.
Terms and Conditions for Online Additional Options
Booking PREMIUM-POSITION and STAR OFFER online additional options involves no assurance regarding the frequency and timing of the advertisement for the vehicle concerned. A vehicle booked for this additional service is advertised in the areas envisaged if the search criteria submitted by the user agree with the vehicle criteria to a sufficient degree. The number of vehicles advertised in a PREMIUM-POSITION or STAR OFFER area is dependent on the total number of results displayed.
If several matching vehicles are found for a search request with a booked online additional option a random selection of the latter is displayed.