Legal Information
Legal terms
Terms of Service
Only these general terms and conditions apply. Deviating conditions shall only be valid if their validity has been confirmed in writing by Ximada (hereinafter referred to as service provider).
Only these general terms and conditions apply. Deviating conditions shall only be valid if their validity has been confirmed in writing by Ximada (hereinafter referred to as service provider).
Using the website
The use of the websites offered is only permitted on the basis of these conditions. With a login the validity of these conditions of use is accepted.
The use of the websites offered is only permitted on the basis of these conditions. With a login the validity of these conditions of use is accepted.
Basics
The service provider provides a trading platform. This is used to display products by the members in the context of online auctions and / or as a quick-purchase offer. In doing so, the service provider merely provides the technical and organizational prerequisites in order to enable a proper execution on the platform.
The service provider provides a trading platform. This is used to display products by the members in the context of online auctions and / or as a quick-purchase offer. In doing so, the service provider merely provides the technical and organizational prerequisites in order to enable a proper execution on the platform.
Content of this websites
The service provider maintains information, data and software, including documentation, for retrieval or use on his website. The service provider is entitled to discontinue the operation of the websites at any time in whole or in part. Due to the nature of the Internet and computer systems, the service provider does not guarantee the uninterrupted availability of the web pages.
The service provider maintains information, data and software, including documentation, for retrieval or use on his website. The service provider is entitled to discontinue the operation of the websites at any time in whole or in part. Due to the nature of the Internet and computer systems, the service provider does not guarantee the uninterrupted availability of the web pages.
Use of the contents of the websites
The use of the information, data, software and documentation provided on the websites is subject to these conditions. Separately agreed license terms precede these conditions. The Service Provider grants to the User a non - exclusive and non - transferable right to use the information, software and documentation provided on the Websites to the extent that this has been agreed or, if not agreed, such as the provision and release by the Page provider, as far as no further restrictions are
The use of the information, data, software and documentation provided on the websites is subject to these conditions. Separately agreed license terms precede these conditions. The Service Provider grants to the User a non - exclusive and non - transferable right to use the information, software and documentation provided on the Websites to the extent that this has been agreed or, if not agreed, such as the provision and release by the Page provider, as far as no further restrictions are
Members
Members of the platform interact with each other to establish trade relations. Members can become all natural and legal persons, who have reached the age of 18 years. A free registration is required for a membership. Multiple membership is allowed, however, these different members are not allowed to come into contact with each other (e.g., bid on own offers).
Members of the platform interact with each other to establish trade relations. Members can become all natural and legal persons, who have reached the age of 18 years. A free registration is required for a membership. Multiple membership is allowed, however, these different members are not allowed to come into contact with each other (e.g., bid on own offers).
Registration
Some pages of the web pages may be password protected. Access to these pages is only available to registered users. There is no entitlement to a registration. The service provider reserves the right to submit previously freely accessible pages of a registration obligation. If a registration is planned, the user is obligated to provide truthful information for the registration and to communicate it immediately (if provided: online) in case of later changes. The user will ensure that he receives the emails sent to the email address provided by him. After registration, the user will receive a username and password or a confirmation link by e-mail. Upon first access, the user will change a password transmitted by the service provider to a password known only to him. The user data enables the user to view, modify or, if necessary, to revoke or extend his consent to data processing. The user ensures that the user data is not accessible to third parties and is liable for all orders made under the user data and other activities. After each use leave the password-protected area.
Some pages of the web pages may be password protected. Access to these pages is only available to registered users. There is no entitlement to a registration. The service provider reserves the right to submit previously freely accessible pages of a registration obligation. If a registration is planned, the user is obligated to provide truthful information for the registration and to communicate it immediately (if provided: online) in case of later changes. The user will ensure that he receives the emails sent to the email address provided by him. After registration, the user will receive a username and password or a confirmation link by e-mail. Upon first access, the user will change a password transmitted by the service provider to a password known only to him. The user data enables the user to view, modify or, if necessary, to revoke or extend his consent to data processing. The user ensures that the user data is not accessible to third parties and is liable for all orders made under the user data and other activities. After each use leave the password-protected area.
Procedure
A seller presents an article and asks interested parties to submit offers. By submitting such a purchase offer and its acceptance, a binding purchase contract is concluded.
A seller presents an article and asks interested parties to submit offers. By submitting such a purchase offer and its acceptance, a binding purchase contract is concluded.
Seller
The seller of an article insures by displaying on this trading platform, that the offered article is in his property. He further warrants to sell it to the highest bidder or member who has made a quick buy offer.
The seller of an article insures by displaying on this trading platform, that the offered article is in his property. He further warrants to sell it to the highest bidder or member who has made a quick buy offer.
Bidders and buyers
The bidder or buyer of an article agrees to pay for this. Buy or bid offers may only be made in their own name. Each bidder or buyer is aware of the risks of concluding a contract without knowledge of the trading partner.
The bidder or buyer of an article agrees to pay for this. Buy or bid offers may only be made in their own name. Each bidder or buyer is aware of the risks of concluding a contract without knowledge of the trading partner.
Not allowed offers
On this trading platform political extremist material, as well as pornographic articles may not be offered or traded. For historical and military objects from the years 1933-1945 with symbols of the Third Reich, the provider of the article has to distance himself explicitly and clearly from this ideology. Furthermore, he has to ensure that this article is only sold to customers who will use this article for the purpose of historical research, public education, etc. and will not use it for propaganda purposes.
On this trading platform political extremist material, as well as pornographic articles may not be offered or traded. For historical and military objects from the years 1933-1945 with symbols of the Third Reich, the provider of the article has to distance himself explicitly and clearly from this ideology. Furthermore, he has to ensure that this article is only sold to customers who will use this article for the purpose of historical research, public education, etc. and will not use it for propaganda purposes.
Fees
The offering of items is free. Special charges may apply. There are no fees for buying or bidding for an item. For each sold item on this trading platform, a prorated fee will be charged according to the current price list. Any fees must be payed to the service provider after invoicing.
The offering of items is free. Special charges may apply. There are no fees for buying or bidding for an item. For each sold item on this trading platform, a prorated fee will be charged according to the current price list. Any fees must be payed to the service provider after invoicing.
Offsetting and assignment of claims
Offsetting is permitted only with undisputed or legally binding claims. An assignment of claims against the service provider is only possible with the consent of the service provider.
Offsetting is permitted only with undisputed or legally binding claims. An assignment of claims against the service provider is only possible with the consent of the service provider.
Other platforms
Offers can also be displayed on other websites of the service provider to increase chance to sell an item. However, there is no right to that.
Offers can also be displayed on other websites of the service provider to increase chance to sell an item. However, there is no right to that.
User-supplied data and information
On the websites, it may be possible for users to provide their own data or information. The user is responsible for ensuring that this is done in accordance with the legal requirements and these conditions of use. The placing of links on other auction platforms and shops, as well as on any purchase offers from other websites from the collector area is generally not permitted.
On the websites, it may be possible for users to provide their own data or information. The user is responsible for ensuring that this is done in accordance with the legal requirements and these conditions of use. The placing of links on other auction platforms and shops, as well as on any purchase offers from other websites from the collector area is generally not permitted.
Blocking or deleting the registration
The service provider is at all times entitled to revoke the access authorization by blocking the access data without the need to state reasons, in particular if the user has made false statements for registration, has violated these conditions or his/her due diligence in dealing with the access data, Has infringed applicable law in accessing or using the websites or has not used the websites for a long period of time. If the user becomes aware of the fact that third parties misuse the user data, he is obliged to notify the service provider immediately in writing, possibly already in advance by simple email. Upon receipt of this notification, the service provider will block access to the password-protected area with these user data. The revocation of the lock is only possible after a separate request by the user or after a new registration. The user may at any time request the deletion of his registration in writing (or, if provided, online) provided that the cancellation does not conflict with the execution of current contractual relationships. In this case, the service provider will delete all user data and all other stored personal data of the user as soon as they are no longer required.
The service provider is at all times entitled to revoke the access authorization by blocking the access data without the need to state reasons, in particular if the user has made false statements for registration, has violated these conditions or his/her due diligence in dealing with the access data, Has infringed applicable law in accessing or using the websites or has not used the websites for a long period of time. If the user becomes aware of the fact that third parties misuse the user data, he is obliged to notify the service provider immediately in writing, possibly already in advance by simple email. Upon receipt of this notification, the service provider will block access to the password-protected area with these user data. The revocation of the lock is only possible after a separate request by the user or after a new registration. The user may at any time request the deletion of his registration in writing (or, if provided, online) provided that the cancellation does not conflict with the execution of current contractual relationships. In this case, the service provider will delete all user data and all other stored personal data of the user as soon as they are no longer required.
Obligations of the user
The user may not when using the websites
- harm persons, in particular minors, or their personal rights,
- offend with his behavior against the morality,
- violate industrial protection and copyright or other proprietary rights;
- submit content containing viruses, so-called Trojan horses, worms or other programming that can damage or modify software,
- enter, save or send hyperlinks or content that is not authorized, in particular if these hyperlinks or contents violate secrecy obligations or are unlawful,
- advertising or unsolicited emails (spam) or incorrect warnings against viruses, malfunctions and the like spread or to participate in sweepstakes, pyramid schemes, chain letters, pyramid play - and ask for similar actions.
Also, the user may not refer on websites or videos that provide the same or similar data, information and services as these sites. The service provider may block access to the websites at any time, in particular if the user violates his obligations under these conditions.
The user may not when using the websites
- harm persons, in particular minors, or their personal rights,
- offend with his behavior against the morality,
- violate industrial protection and copyright or other proprietary rights;
- submit content containing viruses, so-called Trojan horses, worms or other programming that can damage or modify software,
- enter, save or send hyperlinks or content that is not authorized, in particular if these hyperlinks or contents violate secrecy obligations or are unlawful,
- advertising or unsolicited emails (spam) or incorrect warnings against viruses, malfunctions and the like spread or to participate in sweepstakes, pyramid schemes, chain letters, pyramid play - and ask for similar actions.
Also, the user may not refer on websites or videos that provide the same or similar data, information and services as these sites. The service provider may block access to the websites at any time, in particular if the user violates his obligations under these conditions.
Contract language
The contract language is German.
The contract language is German.
Type of use of the contents of the websites
The services and text documents are provided in machine-readable form. There is no right to release the source code. Neither information, software nor text documents may be distributed or rented by the user at any time to third parties. Unless mandatory legal regulations permit otherwise, the user may neither change the website software nor its documentation, reverse engineer or translate it nor may he dissolve parts thereof. User may make a backup copy of the software if such copy is required to secure future use based on these Terms of Use. The information, software and documentation are protected by copyright laws, international copyright treaties and other intellectual property laws and treaties. The user will respect these rights, in particular not remove alphanumeric identifiers, trademarks and copyright notices from the information, nor from the software nor from the documentation nor from any copies thereof.
The services and text documents are provided in machine-readable form. There is no right to release the source code. Neither information, software nor text documents may be distributed or rented by the user at any time to third parties. Unless mandatory legal regulations permit otherwise, the user may neither change the website software nor its documentation, reverse engineer or translate it nor may he dissolve parts thereof. User may make a backup copy of the software if such copy is required to secure future use based on these Terms of Use. The information, software and documentation are protected by copyright laws, international copyright treaties and other intellectual property laws and treaties. The user will respect these rights, in particular not remove alphanumeric identifiers, trademarks and copyright notices from the information, nor from the software nor from the documentation nor from any copies thereof.
Messages
If the contracting parties agree by electronic mail (email, online form), they accept the unlimited effectiveness of the declarations of intent transmitted in this way.
If the contracting parties agree by electronic mail (email, online form), they accept the unlimited effectiveness of the declarations of intent transmitted in this way.
Intellectual property
The information texts, photographs, illustrations, layouts, artistic designs, and other graphic materials, names and logos outside the member offers displayed on the websites are the property of the service provider. The content may only be displayed and printed for personal, non-commercial use. The contents of the website of the service provider may not be changed, copied, duplicated, sold, rented, used, supplemented or otherwise used without prior written permission. The representations referred to above do not imply, by implication or otherwise, any license or right to an intellectual property right. In addition, no license or right to any copyright or other rights with respect to the contents of the websites. The use of the name Ximada as an indication, for example for the connection to these web pages, is permitted. A claim for remuneration for references and advertising on these sides does not exist.
The information texts, photographs, illustrations, layouts, artistic designs, and other graphic materials, names and logos outside the member offers displayed on the websites are the property of the service provider. The content may only be displayed and printed for personal, non-commercial use. The contents of the website of the service provider may not be changed, copied, duplicated, sold, rented, used, supplemented or otherwise used without prior written permission. The representations referred to above do not imply, by implication or otherwise, any license or right to an intellectual property right. In addition, no license or right to any copyright or other rights with respect to the contents of the websites. The use of the name Ximada as an indication, for example for the connection to these web pages, is permitted. A claim for remuneration for references and advertising on these sides does not exist.
Users outside Germany
The pages consider the legal requirements of Germany, where the service provider is located. The Service Provider assumes no responsibility for the retrieval or access of information, software or documentation from the Websites, even outside of Germany. If users access the web pages from places outside of Germany, they are solely responsible for compliance with the relevant provisions of the respective state law. Access to information, software or documentation on websites from countries where this access is unlawful is not permitted. In this case and if the user wishes to enter into business relations with the service provider, the user should contact in writing (Ximada, Karl-Heinz Heihse, Holzhauser Str. 57 13509 Berlin, Germany). The export of certain information, software and documentation may be subject to authorization due to their nature or purpose. The user will strictly adhere to the export, in particular the EU or the EU member states relevant for the information, software and documentation.
The pages consider the legal requirements of Germany, where the service provider is located. The Service Provider assumes no responsibility for the retrieval or access of information, software or documentation from the Websites, even outside of Germany. If users access the web pages from places outside of Germany, they are solely responsible for compliance with the relevant provisions of the respective state law. Access to information, software or documentation on websites from countries where this access is unlawful is not permitted. In this case and if the user wishes to enter into business relations with the service provider, the user should contact in writing (Ximada, Karl-Heinz Heihse, Holzhauser Str. 57 13509 Berlin, Germany). The export of certain information, software and documentation may be subject to authorization due to their nature or purpose. The user will strictly adhere to the export, in particular the EU or the EU member states relevant for the information, software and documentation.
Viruses
Although the service provider always endeavors to keep the websites virus-free, no virus-freeness is guaranteed. Before downloading any information, software or documentation, the user shall provide appropriate security devices and virus scanners for his own protection, as well as the prevention of viruses on the Websites.
Although the service provider always endeavors to keep the websites virus-free, no virus-freeness is guaranteed. Before downloading any information, software or documentation, the user shall provide appropriate security devices and virus scanners for his own protection, as well as the prevention of viruses on the Websites.
Liability
The provider is liable only for damages resulting from a grossly negligent or negligent breach of the contract by the provider or its legitimate representatives. In the case of intent or gross negligence, the provider is liable according to the statutory laws. Similarly, the provider is liable for all claims for damages for injury to health, body or life and for claims under the provisions of the Product Liability Act in accordance with statutory laws. If a quality guarantee or fraudulent concealment of a defect is assumed, the provider is liable in accordance with the statutory laws. If the provider culpably violates a material obligation or a cardinal obligation, the liability for damages is limited to typically occurring, foreseeable damage. The same applies if the customer is entitled to compensation for the damage instead of the service. Claims of the customer for damages, e.g. for non-performance, culpa in contrahendo, breach of contractual obligations, consequential damages, damages due to tort and other legal reasons are excluded, unless the provider is liable for the lack of a warranted property or intent or gross negligence. This exclusion does not apply to claims under the Product Liability Act. Unless otherwise stated above, claims for damages against the provider are excluded.
The provider is liable only for damages resulting from a grossly negligent or negligent breach of the contract by the provider or its legitimate representatives. In the case of intent or gross negligence, the provider is liable according to the statutory laws. Similarly, the provider is liable for all claims for damages for injury to health, body or life and for claims under the provisions of the Product Liability Act in accordance with statutory laws. If a quality guarantee or fraudulent concealment of a defect is assumed, the provider is liable in accordance with the statutory laws. If the provider culpably violates a material obligation or a cardinal obligation, the liability for damages is limited to typically occurring, foreseeable damage. The same applies if the customer is entitled to compensation for the damage instead of the service. Claims of the customer for damages, e.g. for non-performance, culpa in contrahendo, breach of contractual obligations, consequential damages, damages due to tort and other legal reasons are excluded, unless the provider is liable for the lack of a warranted property or intent or gross negligence. This exclusion does not apply to claims under the Product Liability Act. Unless otherwise stated above, claims for damages against the provider are excluded.
Liability for defects
The statutory liability for defects is used.
The statutory liability for defects is used.
Violations
In the case of violations of these general terms of business or against valid laws, the service provider may take measures to prohibit or restrict your trading on this platform. In the case of serious breaches, termination of the membership is also possible.
In the case of violations of these general terms of business or against valid laws, the service provider may take measures to prohibit or restrict your trading on this platform. In the case of serious breaches, termination of the membership is also possible.
Changes in the Terms and Conditions
These General Terms and Conditions can be changed at any time without giving reasons. Such changes shall be communicated to the members at least 14 days before the date of entry into force by email. If you contradict to these changes, this represents an important reason for terminating the contractual relationship as soon as possible.
These General Terms and Conditions can be changed at any time without giving reasons. Such changes shall be communicated to the members at least 14 days before the date of entry into force by email. If you contradict to these changes, this represents an important reason for terminating the contractual relationship as soon as possible.