Conditions of Participation of the HAKO.NET Marketplace
A. General Terms
§ 1 Scope
HAKO.NET operates a specialized virtual online marketplace for auto spare parts and auto accessories. With this service private and commercial suppliers are given the possibility to search for or offer auto spare parts and auto accessories for free. However, a claim for a permanent gratuitous use of the HAKO.NET system does not exist. HAKO.NET reserves the right to charge fees or commissions for both the advertising of articles and terminated sales.
§ 2 Participation
(1) Both private and commercial participants are eligible to use the HAKO.NET marketplace. Before buying or offering auto spare parts or auto accessories at HAKO.NET you need to register as buyer and/or seller.
(2) Eligible to registration as participant are a) all full contractually capable natural persons who are at least 18 years old or b) legal persons. However, a general claim for participation does not exist.
(3) Commercial sellers are obliged to indicate their commercial status when registering with HAKO.NET. Sellers who are registered as private sellers have to newly register as commercial sellers when a change of their status occurs.
(4) The submission of false data, respectively the defaulted indication of any data changes may result in an immediate exclusion from the participation at the HAKO.NET marketplace.
(5) Each participant alone is responsible for the safety of his password. Each participant takes over the sole responsibility for all transactions that have been executed under his name. If someone unauthorized got access to your password it is your duty to change your password immediately.
§ 3 General principles
Each registered participant agrees to accept and act according to the stipulated General Terms and Conditions when using the HAKO.NET marketplace.
§ 4 Role/Function of HAKO.NET
(1) Contractual relationships between the participants and HAKO.NET only come into existance insofar as HAKO.NET places an online platform at the participants’ disposal whose use is subject to the stipulated Terms of Participation. If HAKO.NET itself does not appear as seller, no sales contracts between HAKO.NET and the respective buyer come into existance. A sales contract can exclusively originate between buyer and the actual seller. HAKO.NET does neither act as sales represantative, agent nor middleman for the participants.
(2) Unless HAKO.NET itsself appears as seller, HAKO.NET is not involved in the completion and handling of the contractual relationships that have been closed on the HAKO.NET marketplace and does therefore not act as an internediary between the different parties in case of conflicts. However, HAKO.NET requests that both sellers and buyers are willing to cooperate when conflicts occur.
(3) According to these conditions of participation there are no rights or claims arising for people who are not legally involved in the relationship.
(4) The user is responsible for the backup of data that the user provides as part of its conventional use of the e-commerce platform. HAKO.NET represents only the software, memory capacity and computing power to process the data. HAKO.NET operates a suitable state of the art backup system for the trading platform and will be periodically - at least once a week - backup the users data. In the case of a data loss caused by HAKO.NET, we will recover the system with the backup data. A recover of data that was deleted by the user is not possible. Any claims against HAKO.NET because of the loss of data are excluded, unless there is a case of intent or gross negligence.
§ 5 Conclusion of the Contract
By submitting an order (Clicking on the “Order’ button) on the HAKO.NET marketplace a sales contract between the buyer and the seller of the article comes into being. In the next step, HAKO.NET informs the seller about the buyer’s address. It is the seller’s duty to send the sold article within the next two work days to the buyer.
§ 6 Data Protection
(1) Each participant accepts that his data is saved electronically according to the laws of data protection that are applicable in the Federal Republic of Germany (See Privacy Statement). Each seller is aware of the fact that, especially after a terminated transaction, personal information such as name, address, phone number, place and account information is displayed on the HAKO.NET webpage visible to the buyer. The participants explicitly agree with the collection, processing and use of personal data.
(2) Each participant is obligated not to use any of the information that has been displayed to him on the HAKO.NET webpage for his own purposes, except for the initiation and termination of transactions. In particular, it is not legitimate to use such information for advertisement, unasked emails or other illegitimate purposes.
§ 7 Publication of Information
When suspecting a criminal act HAKO.NET reserves the right to inform the contract partner, other third parties or the relevant authorities about the personal data of the affected participant. The same applies in case of objectional offers, imprecise listings or categorizations of advertised articles.
§ 8 Immediate Exclusion of Participants / Blocking of Contents
In case of violation of the effective Conditions of Participation HAKO.NET has the right to immidiately exclude participants, block or change affected contents or initiate other suitable countermeasures. Examples can be admonitions, disruption or cancellation of the services of HAKO.NET, denial of access to the HAKO.NET marketplace or the deletion of content.
§ 9 Warranty
(1) HAKO.NET does not take over warranty for the content, correctness or completeness of the offers that have been submitted by external sellers. As the external offers count as external contents to HAKO.NET according to the German Teleservices Act, solely the transmittor of the content is legally responsibe for the content.
(2) HAKO.NET excepts any warranty and liability that all ads comply with the local regulations of each country where they can be accessed.
(3) HAKO.NET can not guarantee a permanent access to the HAKO.NET site and the marketplace. Especially the maintenance and further development of the HAKO.NET platform can cause a temporary limitation or disruption of both the services and the access to the HAKO.Net platform.
(4) HAKO.NET does also not accept warranty for both identity and integrity of the participants.
§ 10 Liability
(1) If HAKO.NET is held liable for the slightly negligent violation of an obligation, compliance with which to achieve the treaty's purpose is of particular importance (cardinal duty), HAKO.NET can only be held liable for foreseeable and expected losses. The liability is also limited to the amount of the highest bid of a disputed auction or fixed price sale. The liability for ordinary negligence and gross negligence of his legal representatives and senior employees with a personal damage under Sections 1, 4 product liability law or claims for compensation for non-performance according to Sections 434, 440 No. 3, 280, 281, 283 BGB is unlimited.
(2) In case of loss of data and/or programs HAKO.NET is only liable up to the amount, which accumulates when the participant has carried out regular and adequate data backups.
(3) As HAKO.NET has no influence on the presentation and content of sites it links to, HAKO.NET is not liable for the content, timeliness, completeness or quality of the information which are displayed there.
(4) The participants commit themselves to free HAKO.NET from any liability, in any case of inconsistencies between two or more participants in connection with a planned or made transaction. The participants free HAKO.NET of demands for intellectual property rights of third parties based on content, which the participants place on the online offer on the HAKO.NET website. This is particularly true for all texts, images, image sequences, number plate, which the seller uses as part of its offer. § 11 Rights
(1) HAKO.NET is the legal proprietor of the contents of the HAKO.NET web page and the appendant databases. HAKO.NET is exclusively entitled to all copy rights, trade mark laws and other rights as far as the database with its contents, data and other elements is concerned.
(2) The participants confer HAKO.NET a gratuitous and unrestrained right of use of all their submitted product offers. In particular, this applies to the duplication, distribution and the editing of the submitted offers. This also includes the right to publish these contents in print media, online or on CD-ROM, also for promotion purposes.
§ 12 Amendment of the Conditions of Participation
In case of amendments to the Conditions of Participation HAKO.NET will inform the participants both on the online platform and via e-mail about the upcoming changes. Unless the participant vetoes the modified Conditions of Participation within the next two weeks after he has been informed about the changes, the new Conditions of Participation count as accepted. If a participant does not accept the new Conditions HAKO.NET has the right to cancel the participation.
§ 13 Severability Clause
(1) German laws apply for the contract. If the user is a consumer, this choice of law may not be applied, if the contract is not for professional or commercial purposes, and if the State in which the consumer has his habitual residence withdraws this choice by protection laws.
The regulations of the CISG do not apply.
(2) If the user is a businessman, legal person of public law or public law special assets, our place of business is exclusive jurisdiction for all disputes arising from this contract. The same applies if the customer does not have my general jurisdiction in Germany or domicile or habitual residence at the time of bringing an action is not known.
(3) If individual regulations of the contract with the user including these terms and conditions in whole or in part, be or become ineffective, the validity of the remaining provisions shall not be affected. The wholly or partly ineffective regulation is replaced by a regulation, whose economic success compared to the ineffective regulation is considered as close as possible.
B. Particular Terms for Sellers
§ 1 Product Offering
(1) It is not legitimate to offer articles whose sale or purchase infringe legal regulations or are immoral.
(2) In particular, but not completing, it is not allowed to place
- articles, whose offer or distribution infringe copyrights, industrial property rights or other rights (e.g. personal rights)
- stolen goods
- sales promotion, also not via links
(3) The user is obliged to use any measurements to protect the integrity of the system and is not allowed to access non-authorized data. Furthermore, the user is obliged to ensure that the data he provides on the platform is free from viruses, worms or trojan horses. The user is obliged to indemnify HAKO.NET any damage resulting from a failure with respect to all third-party claims, including legal fees and court costs.
(4) The seller is obliged to describe the item he sells, in accordance with the conditions of participation, as closely as possible and sent the item to the buyer after conclusion of a contract. He has to define shipping charges and publish the full item price. The seller is aware that if he does not comply with this obligation this may result in a legal prosecution. HAKO.NET reserves the right to claim damages from the seller if the buyer of the goods due to inadequate performance of the purchase is indemnified.
(5) The seller assures that he is entitled to to sell the item he is offering and that no rights of third parties in these objects exist which could prevent the sale. Furthermore he assures that the products are safe and do comply with security marks and labelling requirements ( CE labelling for example) and that they do not violate other laws. the seller is obliged to comply with any sales restrictions, in particular with age restrictions. The seller is obliged to the verification of the age of the buyer, if necessary.
(6) The seller is obliged according to Section 1, paragraph 2 PangV to inform consumers about the final price for goods or services including sales tax rates and other price components, and of additional shipping costs. The seller has to provide an easy to use calculation for the consumer to determine final costs.
§ 2 Sales Tax and other Taxes on Offered Products
The seller is obligated to find out if taxes accrue for the products he offers, especially VAT. If yes, the seller has to calculate the right amount and pay it. Additionally, the seller is obligated to indicate the price for the offered product including VAT or other taxes or custom duties that the buyer might have to pay. HAKO.NET is neither obliged to find out if sales taxes or other charges for a transaction between seller and buyer accrue nor to collect, pay or indicate those taxes.
§3 Revocation notice
If the seller is operating commercially, the buyer has the following right, unless the buyer and seller do agree to different conditions:
Consumers can cancel contract declaration within one month without giving reasons by writing (eg. letter, fax, e-mail) or - if the product is delivered before the deadline - by returning the goods. The period begins one day after receipt of this notification in writing, but not before receipt of the goods at the receiver (in the case of regular deliveries of similar goods not before receipt of the first partial delivery) and not before fulfilling our information obligations according to § 312c Abs. 2 BGB in connection with § 1 Abs. 1, 2 and 4 BGB-InfoV as well as our obligations according to § 312e Abs. 1 Satz 1 BGB in connection with § 3 BGB-InfoV. In order to comply the withdrawal period it is sufficient to send the revocation or product.
The revocation must be sent to:
HAKO JapanAutoTeile
Hans Koslowsky
Finninger Str 49
D-89231 Neu-Ulm
Fax: +49 (0) 731 9770225
E-mail: hako@japanautoteile.de
Consequences of revocation
In case of an effective revocation, the benefits received by each party must be returned and possible benefits (eg interests) surrendered. If you cannot return the product received as a whole or in part or in a deteriorated condition, you will be obliged to pay compensation for the value. This compensation does not apply if the deterioration of the product was caused by examination of the product - as it would have been possible if you exanimate the product in our company. Moreover, you can avoid compensation by not using by using the product as if it would be your on property and avoid any action which could impair their value. Parcels are returned to our company at our risk. You have to pay the costs of returning goods, if the goods delivered were the goods you ordered, and if the price of the products does not exceed EUR 40,00 or if, at a higher price, you did not fully or partially pay the price due of the contract at the time of revocation. Otherwise, the return of goods is free of charge. Products that cannot be shipped as parcel will be picked up by us. Obligations of the reimbursement of payments must be made within 30 days. The period begins for you with the submission of your revocation declaration or the product and for us with their reception.
C. Particular Terms for Buyers
§ 1 Role of the Buyer
The buyer can purchase every article that is offered by a seller by placing it in his shopping cart and clicking on the “order-button”. When clicking on the “order-button” the buyer accepts the seller’s offer which immediately results in the formation of a sales contract. The buyer chooses both mode of payment and delivery. If the buyer purchases from a seller who is located outside the European Union, he is obliged to enquire about possible duties and taxes which might accumulate (including VAT). HAKO.NET does not take over any responsiblity in this regard.