General terms & conditions
General Terms and Conditions for use of the site sparepartricambi.com
Welcome to the website of sparepartricambi.com, Waldistr. 5, CH-9517 Mettlen
These Terms and Conditions will be valid from 01.04.2010
By clicking on the button "Yes, I agree to the Terms of sparepartricambi.com." , you agree to these Terms and Conditions.
If you are a consumer within the meaning of the statutory provisions act, can you confirm your agreement to these terms and conditions and thus completed license within one month after your statement is revoked in writing
. Write this to the imprint deposited address or send an email to the customer service at superstrada@aol.com keyword: withdrawal after right distance.
Deadline it is sufficient to enable you send your cancellation in time. If the revocation time stated, you are not yet in the License Agreement to your declaration of consent to be bound these Terms. This right shall lapse, however, once you place an ad on the website sparepartricambi.com, and thus the execution of the service of sparepartricambi.com action (§ 312d Abs. 3 Nr. 2 BGB).
§ 1 General
1. sparepartricambi.com operates over the Internet-accessible databases, accessed through our website with unrestricted by any natural or legal person or company (hereinafter: subscriber) cars for sale set (advertisement function), and in which motor vehicles with the sparepartricambi.com available Asked search can be searched by.
2. These General Terms and Conditions (GTC) are solely between sparepartricambi.com and the participants of the databases operated by sparepartricambi.com (cars, motorcycles and spare parts market). Conflicting terms and conditions of a participant have no validity.
3. sparepartricambi.com gives just databases and the technical requirements for the transmission of information (advertisements). sparepartricambi.com has no effect on the content of the advertisements. In particular, sparepartricambi.com is not provider of the selected vehicles.
4. sparepartricambi.com is not involved in the relationship between supplier and purchaser or purchasers either as a mediator or a party or as a representative of a party.
5. Contracts that are a result of an on-line advertisment at sparepartricambi.com, will be completed and fulfilled without participation of sparepartricambi.com.
§ 2 Service description
1. The performance of sparepartricambi.com is an input mask for advertisements, to unlock these advertisements and make sure that the advertisements will be accessible for the participants from the sparepartricambi.com databases on the Internet in the agreed period of time.
2. sparepartricambi.com advertises the advertisements recruited by participants with different measures, in particular by incorporation into other websites or other online and print media and advertising of advertisements, by information in emails. The participant agrees to the translation of his adverts in foreign languages for foreign media.
3. The right to use the sparepartricambi.com website and its functions are only valid in the context of the current state of the art.
4. sparepartricambi.com has the right to restrict the availability and input option of advertisements temporarily, regarding to capacity limits, security or integrity of the server. The restriction can also be part of maintance increasing the system performance. sparepartricambi.com accounts interests of all participants, especially by advance information.
5. In particular, it possible that advertisements are not available temporarily, because of technical problems (unforeseen system failures). 6. §§13 and 14 of the Conditions shall remain unaffected.
§ 3 registration and user account 1. The use of the website sparepartricambi.com requires a registration. The registration is free. With registration concludes a contract between sparepartricambi.com and the participants about the use of the public sector of sparepartricambi.com ("License agreement"). There is no requirement on completion of an license agreement.
2. Registration is allowed only for legal persons and unrestricted legal persons. In particular, minors are not allowed to register at sparepartricambi.com.
3. The required data at the registration must be entered correctly and completely. The registration requires a valid email-address and a personal password. The passwort is secret and should not be given to third parties.
4. If data change, the user has to update them in his user account.
5. Each participant is allow to register once at sparepartricambi.com. Circumvention of this rule is particular by use deviating data, inadmissible. A user Account is not transferable.
6. sparepartricambi.com has the right to delete user accounts, which has been not usen since 12 months.
§ 4 Publishing and extention of advertisements
1. Each participant may publish only two listings in the public of sparepartricambi.com simultaneously. Any misuse, especially by using multiple user accounts, gives sparepartricambi.com the right to delete advertisements and the extraordinary termination of License Agreement.
2. Advertisements can be published or extended just up to 28 or 56 days. The runtime of an advertisement can be extended repeatedly without a limit.
3. In calculating the listing period, the day which the advertisement is placed or extended, is not counted. The period begins at 0.00 clock on the following day of listing or renewal, and ends at the close of the last day of the listing duration. After this period, the listing is automatically removed from the database.
4. Contractual contents and listing prices refer always to the current GTC.
5. Valid changes of an advertisements during the term are for free and can be proceeded with the function "Change advertisement".
6. An advertisment can be deleted at any time. There are no refunds for the termination of an already paid listing.
§ 5 Maturity of the listing fee, payment
1. The payement of an advertisement can be proceeded with the debit method. Remuneration is to be paid in advance, that means before taking up the listing in the database.
2. If the debit procecess fails, the participant must pay the additional costs of sparepartricambi.com, except that he is not responsible for the failure.
§ 6 Deleting offers, blocking, termination and other measures
1. sparepartricambi.com can take the following measures if there are concrete indications that a participant breaks statutory provisions, the rights of third parties or this GTC , or if sparepartricambi.com has any other legitimate interest (particularly in the case of late payment):
o Deletion of advertisements or other contents, placed at sparepartricambi.com
o Warning of participants
o Restricting the use of the site sparepartricambi.com
o Temporary closure of Participants
o Complete closure of Participants
In selecting the measure sparepartricambi.com accounts interests of the participant, particularly if there is an indication that the participant is not blame for the breach.
2. sparepartricambi.com can delete advertisements, if its content breaks the GTC (especially § 8 Nr. 1 - 8) , the law or the rights of third parties. At a deletion the participant is still obligated to pay the listing price.
3. sparepartricambi.com can block participant finally and permanently from using the sparepartricambi.com website, if he repeatedly commits serious breaches of these Terms or if there is an other serious problem.
4. Once a participant is blocked, he is not allowed to use the site or to register again.
5. Participants can unsubscribe the user agreement at any time. Therefore each user is allowed to delete his user account himself.
6. sparepartricambi.com can unsubscribe the user agreement at any time with a period of 14 days. The right of suspension remains unaffected.
§ 7 Price changes / modifications of the GTC
Price changes will be announced, indicating the change timing. The announcement of changes of the Terms and Conditions will be published at sparepartricambi.com, indicating the change timing. The new prices and the changed GTC are valid for the advertisements, which was published or extended after the changing time.
1. sparepartricambi.com has the right to change these GTC at any time and without calling the reasons. The changed GTC will be communicated to the participant before he pubishes or extends an advertisement. The participant has to agree to the GTC to be able to create or extend advertisements. An administrative access to user account and the maintance of advertisements will be available further without an agreement.
§ 8 Requirements for content and presentation of ads
1. The perticipant has to select the correct category, while inserting an ad (Oldtimer-Youngtimer-Market, motorcycle market) Permitted is exclusively abandoning of advertisements aiming on selling vehicles and trailers and on self and not mechanically, motorized machines.
Specifically:
o Vintage / classic car market: passenger cars
o Spare parts market: Spare parts for vintage / classic cars
o Motorcycle market: motorcycles, sidecars, sidecars, other motorized two-wheelers
In particular, the task is not permitted by advertisements that aims
o the acquisition of motor vehicle purchase or lease
o the purchase of motor vehicles or other objects of any kind
o the sale or promotion of software
o auf the promotion of services (except theme Classic Cars)
2. The participant has to enter correct and complete information referring to the vehicle (Date of first registration and mileage), and in relation to the other ad content. If the vehicle is equipped with a replacement engine, it is to be clearly marked. Enter in these cases, the actual mileage of the vehicle. Mistakenly incorrect information must be changed with the function "Change advertisement".
3. While adding and advertisement it must be entered if the vehicle is has unrepaired damage with a not inconsiderable extent. Therefore the participant has to use the function "Is there a considerable, unrepaired damage?" and selecting "Yes" or "No". Considerable, unrepaired damages are e.g. damage caused by accidents, fire, hail or water, which removal is not possible or possible only by using substantial amounts of money. Fender benders are exception and should be entered in the comments section by means of free text. A considerable damaged and not repaired vehicle can just be found as a "Accident vehicle (not repaired)" in the search.
4. It is not permitted to advertise several vehicles within an advertisement simultaneously.
5. It is not allowed to advertise the same vehicle several times at the same time in different category. This applies even if the same vehicle is to be set by different operators at the same time.
6. The participant must be able to conclude a legally purchase about the offered vehicle immediately with an interested party. The participant must also be able to supply the car at the specified availability date(Used Vehicles) or delivery date(New Vehicles).
7. Advertisements can be published with pictures. The participant agrees that he uploads only those pictures that he can fully use and those that are not burdened with rights of third parties - in particular not with intellectual property rights of third parties. The used pictures can not be misleading and must reflect the actual condition of the offered vehicle. If the participant uses catalog pictures, he has to mark them separately.
8. The advertisement may be not against the law or common decency by their wording, content, visual presentation or purpose. Trader must note in particular the provisions of the Teleservices Act(Legal requirement) and Price Regulation. According to § 1 paragraph 1 of the Regulation for prices, the prices need to include the VAT.
9. It is not allowed to post references (hyperlinks) to external websites on the advertisement. As 'references' are also mean not activated web addresses(URL) or parts of it. Except in the free text of the advert pasted links, which includes own exported car pictures, PDF-Files and multimedia presentations and in particular further information about the vehicle (e.g. Vehicle Inspection, Operating Instructions).
10. Illegal is also an indication of so-called service phone numbers beginning with: 0190, 0900.
§ 9 Responsibility for the content of the ads
1. Responsible for the content of the ads is only the participants. Neither the accuracy nor completeness of the contents of the listings are checked by sparepartricambi.com. sparepartricambi.com takes for the accuracy and completeness of the listings no guarantee.
2. sparepartricambi.com excludes any warranty and liability that the ads comply with statutory provisions.
3. sparepartricambi.com specifically excludes all warranties and liability about contracts, which are arised by an advertisement at sparepartricambi.com and are invalid, because of specific laws or effects economic disadvantages for both parties to the contract.
§ 10 Exemption
The participant frees sparepartricambi.com from all claims, developing for violation of their rights by his advertisement, or by any other use of the website by the participants against sparepartricambi.com claim. The participants here also covers the cost of any necessary legal defense by sparepartricambi.com including court and legal fees. This does not apply if the violation is not represented by the participants.
§ 11 Database timeliness, deletion of advertisements, administration, backups
To make the vehicle search as interesting and successful,sparepartricambi.com efforts database actuality. For this reason, the vehicle listings should be deleted from the subscriber, when the vehicle has been sold or is for other reasons longer available.
§ 12 Vehicle Search and System Integrity
1. Participants may search vehicles in the sparepartricambi.com databases only through the search masks offered by sparepartricambi.com. the vehicle search, bypassing the search masks, in particular through the use of search software that accesses databases of sparepartricambi.com is not allowed. Violators will be prosecuted under civil law from the point of intervening in the established and operative business and have in terms of illicit interference in neighboring rights in accordance with § § 108 of of the Copyright Act criminal consequences.
2. Activities that are aimed at making the sparepartricambi.com-functional Web site to remove or restrict its use, are prohibited. The participant may not take any action which may result in an unreasonable or excessive load on the infrastructure of sparepartricambi.com. It is not allowed to block content generated by sparepartricambi.com, overwrite or modify or interfere in any way in the sparepartricambi.com website.
§ 13 Warranty
1. If there is a participants' statutory warranty, sparepartricambi.com is initially entitled to subsequent performance. Then the listing period chosen for the specific listing will be renewed.
2. sparepartricambi.com is relieved of the obligation in cases of force majeure. Force majeure means any unforeseen events and those events whose impact is responsible on the performance of any party. Such events include, in particular lawful industrial action, also in third, government action, failure of communication networks and gateways of other operators, disruptions in the area of leadership donors, other technical malfunctions, even if those circumstances in the field of subcontractors, subcontractors or their subcontractors or the manufacturer authorized operators of subnodal data processors. Claims shall result for participants only sparepartricambi.com attributable to failures.
§ 14 Limitation of Liability
1. Unlike companies sparepartricambi.com is liable for damages, except in case of breach of fundamental contractual obligations, just, if there is intent or gross negligence by sparepartricambi.com, his legal representatives, officers or other agents. In case of breach of fundamental contractual obligations sparepartricambi.com is liable for für any culpable conduct of his legal representatives, senior employees or other agents.
2. Unlike consumers sparepartricambi.com liable only for intent and gross negligence. In case of violation of essential contractual obligations of the debtor's default or of sparepartricambi.com to the impossibility of performance but sparepartricambi.com liable for any culpable conduct of his legal representative, officer or other agents.
3. Except for willful misconduct or gross negligence of legal representatives, executive officers or other agents, the liability of sparepartricambi.com of amount shall be limited to typically foreseeable damages at contract conclusion.
4. A liability for compensation for indirect damages, especially for lost profits, only if there is intent or gross negligence of legal representatives, executives or other agents of sparepartricambi.com.
5. The above disclaimers and limitations with respect to companies or consumers do not apply in the case of explicit guarantees by taking sparepartricambi.com and for damages for injury to life, limb or health or in cases of mandatory statutory provisions.
§ 15 Copyright and Usage
All data, information, logos, text, programs and pictures of the set on the sparepartricambi.com website listings are subject to copyright. The modification, processing and use in media of any kind by third parties is prohibited. The participant's rights remain unaffected. He may also have their own data and information freely continue.
§ 16 Loacation of Performance, Applicability of Switzerland, jurisdiction
1. If the subscriber is a business, the license agreement includes these terms and conditions and in application and interpretation only to the laws of Switzerland. The application of the UN Convention on Contracts for the International Sale of Goods of 11 April 1998 is excluded.
2. If the subscriber is a consumer, the license agreements includes these terms and conditions and the law of Switzerland, unless there are compelling legal regulations, in particular, preclude consumer protection laws.
3. If the participant is a merchant within the meaning of the Commercial Code, Mettlen is the exclusive venue for all disputes arising from and due to the use of databases of sparepartricambi.com. The same applies if the participant after the contract is domiciled abroad or has no general jurisdiction in Switzerland.
§ 17 Location of Performance, Applicable Law, Jurisdiction
1. If the subscriber is a entrepreneur, the license agreement includes these terms and conditions and in application and interpretation only to the laws of Switzerland. The application of the UN Convention on Contracts for the International Sale of Goods of 11 April 1998 is excluded.
2. If the subscriber is a consumer, the license agreement includes these terms and conditions and in application and interpretation only to the laws of Switzerland, extent not to hinder any laws, in particular consumer protection regulations.
3. If the participant is a merchant within the meaning of the Commercial Code is Mettlen exclusive jurisdiction for all disputes arising out of and due to the use of databases of sparepartricambi.com. The same applies if the participant after the contract is domiciled abroad or has no general jurisdiction in Switzerland.
4. For participants who are consumers, there is a court at each domicile. For all of the Agreement and these Conditions of jurisdiction for disputes arising additional consumer resident in Switzerland, Mettlen.
§ 18 Severability
If any provision of these Terms is invalid, the remaining provisions remain unaffected. The ineffective provision shall be replaced by one that the whole purpose of the ineffective provision in a legal way, then come into force. The same applies to possible gaps.