General terms and conditions for participants of traktorpool

General terms and conditions for advertising business in online media

 

General terms and conditions for participants of traktorpool

 

Terms of use of the internet exchange for used agricultural machinery traktorpool, c/o LV digital GmbH, Hülsebrockstr. 2-8, 48165 Münster, hereinafter referred to as traktorpool:

 

These General Terms and Conditions of traktorpool regulate the provision of services in the field of online media for suppliers and those looking for agricultural and construction machinery. The traktorpool service consists of providing an input mask for advertisements, activating the content entered via the input mask and enabling the advertisements to be called up from the traktorpool databases via the Internet for the period agreed with the participant.

 

1. Acknowledgment of the General Terms and Conditions

 

By participating in traktorpool, whether as a provider or as a searcher, you accept our General Terms and Conditions. Conflicting or deviating conditions of the client are not recognized unless they have been expressly agreed in writing. They apply to follow-up orders as well as to ongoing business relationships.

 

2. Participant

 

The participant must be a legal entity or a natural person with unlimited legal capacity. Minors are not allowed to place an advertisement. The participant is obliged to provide complete and truthful information about himself and the advertisement. traktorpool only provides the technical requirements for the transmission of advertisements in the form of databases. traktorpool has no influence on the content of the advertisements. In particular, traktorpool is not itself the provider of the posted content.

 

The participant undertakes to treat his user name and password confidentially and not to pass them on to third parties. He is also obliged to inform traktorpool immediately if there are indications that his access data may have been misused.

 

traktorpool reserves the right to exclude participants if they violate the general terms and conditions.

 

3. Registered dealers (agriVip access)

 

To register for the closed dealer area (=agriVIP) at traktorpool, proof of activity as an agricultural or construction machinery dealer or manufacturer must be provided, e.g. in the form of an excerpt from the commercial register or trade register.

 

4. Prices

 

The current prices and terms will be displayed to you online before the contract is concluded and made available in writing at any time on request to service@traktorpool.de .

 

The participant is obliged to pay. Only the methods of payment offered as part of the order will be accepted.

 

traktorpool reserves the right to raise prices at any time. In the case of price increases of more than 10%, the participant has an extraordinary right of termination at the time the price increase takes effect. The termination must reach traktorpool within one month of notification of the price increase. A reduction in the statutory value-added tax does not affect the stated price.

 

5. Contract Term and Termination

 

The contract period (booking period) is regularly the period specified at the time of booking and in the order confirmation from the booking date. The booking period is extended for legal entities by the term specified above and for consumers by one year at the then applicable conditions and discounts, unless canceled in writing with four weeks' notice to the end of the term or another term is agreed.

 

6. Offers = advertisements

 

 

traktorpool offers the provider various options for placing offers on the platform operated by traktorpool.

 

General rules for offers:

 

The offers may not infringe applicable law either through wording, content or the purpose pursued.

 

traktorpool reserves the right to refuse, change or delete offers and to permanently block participants in order to protect the participants and to protect its own legitimate interests, especially if there are concrete indications that participants are acting with fraudulent intent or violating legal regulations or violate the rights of third parties.

 

In particular, the following offers are not permitted: Offers to purchase; Offers that do not depict the item described; Offers of items that can only be obtained but are not already available from the supplier; Offers with contact details (web address, e-mail, telephone number, fax number, etc.); Listings that offer more than one item and any listing that contains inaccurate or illegal content.

 

All properties and features of the item that are essential for the purchase decision must be stated completely and truthfully. This also applies to properties and features that can negatively affect the value of the item, such as defects or errors. Errors in the item description must be corrected immediately.

 

Each offer can be illustrated with photos. The photos may only represent the item actually offered and may not infringe the rights of third parties. The provider assures that he has all the necessary rights of use to the photos he uses and grants traktorpool those rights of use to the photos that are necessary to make the offer publicly accessible via the platform operated by traktorpool and, if necessary, in print media. The provider assures that he is entitled to transfer these rights of use to traktorpool and indemnifies traktorpool from all claims by third parties due to the infringement of copyrights and rights of use to the photos used.

 

Offers that are not placed in the correct category will be deleted.

 

The prices stated in the offers are final prices including any applicable VAT and other price components. Any delivery and shipping costs incurred are not included in the stated price.

 

Commercial providers are obliged to provide the legal information on the right of withdrawal and all other legal consumer protection information for offers aimed at consumers.

 

Ads:

 

In the case of the "Advertisement" format, the provider places an offer on the traktorpool platform, together with a request for interested parties to contact the provider via traktorpool.

 

traktorpool reserves the right to allocate the offers placed on this platform in the form of “advertisement” to print advertisements that are published in various magazines or to use them for other advertising purposes.

 

traktorpool also reserves the right to check advertisements booked for the magazine and, if necessary, not to allow them for the magazine. In particular, this applies to new machines that are expressly excluded from an advertisement.

 

Auctions:

 

The provider can place his advertisement in the "auction" format. traktorpool provides an input mask for this. By placing his advertisement in the "Auction" format, the seller makes a binding offer to conclude a purchase contract for the item on offer. The provider can set a starting price and the start time of his offer. If he does not set a starting price, the “auction” starts at €1. Setting a starting price is chargeable. The duration of the offer is predetermined and cannot be chosen freely. You can find more information about the offer format auctions in the FAQ auctions.

 

The interested party can accept the offer of the provider by submitting a bid. To do this, the interested party enters an amount in the offer mask and clicks on the "Place bid" button. The possible bidding steps are predefined by the system. The bid is accepted under the condition precedent that the interested party is the highest bidder after the end of the bidding period. If another interested party submits a higher bid during the offer period, the previously submitted, lower bid expires. After the end of the offer period, the contract is concluded between the provider and the highest bidder ("winner") at the time the offer expires. In addition to the hammer price, the winner pays a commission to traktopool. The amount of the expected commission is shown in the offer mask and the winner will be billed by traktorpool after the end of the offer period.

 

If the provider withdraws his offer without being entitled to do so, the contract is concluded with the highest bidder at the time the offer was withdrawn. A withdrawal of the offer is possible at any time as long as no bid has been submitted by an interested party. Bids from interested parties are binding and can only be withdrawn if there is a justifiable reason to do so.

 

Should traktorpool delete an offer for the reasons stated in this clause or for other legitimate reasons before the end of the offer period, no contract is concluded between the provider and any highest bidder.

 

It is forbidden to manipulate the prices of your own offers or offers of third parties by using several tractorpool accounts or in cooperation with other participants. It is forbidden to bid on your own offers or to purchase them.

 

 

7. Liability/Warranty

 

a)     traktorpool provides an offer or search platform that the provider or the searcher has to fill out himself. The participant is solely responsible for the content of the posting. Neither the accuracy nor the completeness of the content is checked by traktorpool, so traktorpool accepts no liability for either. The participant exempts traktorpool from all claims that third parties assert against traktorpool due to the violation of their rights through his advertisement or due to the other use of the website by the participant. The participant also bears the costs of the necessary legal defense by Traktorpool, including all court and legal fees. This does not apply if and to the extent that the participant is not responsible for the infringement.

 

b)     traktorpool is only liable to companies for damages if and insofar as traktorpool is guilty of intent or gross negligence - except in the case of a breach of essential contractual obligations, here traktorpool is liable for any culpable conduct. traktorpool is only liable to consumers for intent and gross negligence - unless essential contractual obligations have been breached, there is a case of default by the debtor or the impossibility of providing the service for which traktorpool is responsible. Except in the case of intent or gross negligence, traktorpool's liability is limited to the damage to be expected in the normal course of events. Liability for compensation for indirect damages, in particular for lost profits, only exists in the event of intent or gross negligence on the part of traktorpool.

 

 

 

8. data storage

 

• Participants in traktorpool agree that their data will be stored and processed electronically as part of this business relationship.
• The data stored for the business relationship will be treated in accordance with the applicable data protection regulations.

 

Use of Facebook plugins
This website uses plugins from the social network facebook.com, which is operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA ("Facebook").
If you call up websites on our website that have such a plugin, a connection to the Facebook servers is established and the plugin is displayed on the website by notifying your browser. This transmits to the Facebook server which of our websites you have visited. If you are logged in as a member of Facebook, Facebook assigns this information to your personal Facebook user account. When using the plugin functions (e.g. clicking the "Like" button, posting a comment), this information is also assigned to your Facebook account, which you can only prevent by logging out before using the plugin.
You can find more information about the collection and use of data by Facebook, your rights in this regard and options for protecting your privacy in Facebook's data protection information.

 

9. Copyright and Use Rights

 

All information, logos, texts, programs and images are subject to copyright. Further processing and use in media of all kinds is only permitted with the prior written consent of the respective beneficiary.

 

10. Provision of service/reservation

 

The performance of traktorpool is achieved when the internet program runs at least 90% on average over the year. All services are performed exclusively within the framework of the existing economic and technical capacities. traktorpool is also entitled to interrupt the operation of the services for good cause, such as force majeure, labor disputes.

 

11. Written Form and Validity

 

Deviating or supplementary conditions, ancillary work or changes to these conditions as well as changes to the service descriptions only apply if they are agreed in writing.

 

12. Changes to the Terms and Conditions

 

Changes to the General Terms and Conditions will be announced on the tractorpool website.

 

13. Claims of the participant/exclusion periods/statute of limitations

 

All claims of the participant against traktorpool due to any defects must be asserted in writing. The assertion of claims is subject to a limitation period of twelve months. After twelve months, the participant's claims become statute-barred.

 

14. Right of withdrawal

 

Consumers within the meaning of the statutory provisions can revoke this contract in writing within 2 weeks of the conclusion of the contract without giving reasons; Deadline is sufficient for the timely dispatch.

 

This right of withdrawal expires as soon as the participant's advertisement is posted on the traktorpool website and the traktorpool service is used.

 

15. place of jurisdiction

 

The contract of use including these terms and conditions is exclusively subject to the law of the Federal Republic of Germany. Place of performance is Münster/Westphalia.

 

If the participant is a registered trader, the place of jurisdiction is Münster/Westphalia. The same applies if the participant moves his place of residence abroad after conclusion of the contract or has no general place of jurisdiction in Germany.

 

16. Severability Clause

Should provisions of these terms and conditions be void in whole or in part, or should a gap be found, this will not affect the effectiveness of the remaining provisions. In this case, the parties undertake to strive for the intended purpose by agreeing on a replacement provision.

 

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General terms and conditions for advertising business in online media

1. Advertising order

(1) "Advertising order" within the meaning of the following General Terms and Conditions is the contract for the placement of one or more advertising media in information and communication services, in particular the Internet, newsletter dispatch and mobile end devices for the purpose of distribution.

(2) The general terms and conditions and the price list or the media data of the apply exclusively to the advertising orderLV digital GmbH (LV), which form an essential part of the contract. The validity of any general terms and conditions of the client (AG) or other advertisers is expressly excluded insofar as they do not agree with these general terms and conditions. In particular, failure to raise an objection or failure to reject other terms and conditions on the part of LV does not mean that these are deemed to have been agreed. Subject to other express written agreements, LV only concludes a contract with the customer on the basis of its general terms and conditions. In the case of orders for advertising placements relating to online media and other media, the respective general terms and conditions for the medium in question apply accordingly.

2. Promotional Materials 

(1) An advertising medium within the meaning of these General Terms and Conditions can, for example, consist of one or more of the elements mentioned: an image and/or text, sequences of sounds and/or moving images (including banners), a sensitive area that, when clicked, etc establishes the connection via an online address specified by the client to other data that is in the area of the client (e.g. link).

(2) Advertising media that are not recognizable as such due to their design will be clearly identified as advertising.

3. Conclusion of contract 

(1) Subject to conflicting individual agreements, the contract is generally concluded through written or e-mail confirmation of the order. The general terms and conditions also apply to verbal or telephone confirmations.

(2) Insofar as advertising agencies place orders, the contract is concluded with the advertising agency in cases of doubt, subject to other written agreements. If an advertiser is to become a client, he must be named by the advertising agency. LV is entitled to demand proof of mandate from the advertising agencies.

(3) Advertising for goods or services from more than one advertiser or other advertiser within an advertising presence (e.g. banners, pop-up advertising ...) requires an additional written agreement or an agreement concluded by e-mail.

4. Settlement Period 

If the customer is granted the right to call up individual advertising material as part of a contract, the order must be processed within one year of the conclusion of the contract.

5. Order Extension 

In the case of contracts, the client is entitled, subject to available capacity, to call up additional advertising material within the agreed period or the period specified in Section 4 – for a fee, according to the then applicable price list.

6. Discount Refund 

(1) If an order is not fulfilled due to circumstances for which LV is not responsible, the customer must, without prejudice to any further legal obligations, reimburse LV for the difference between the discount granted and the discount corresponding to the actual purchase.

(2) Unless otherwise agreed, the customer has a retrospective claim to the discount corresponding to his actual purchase of advertising material within one year if he concluded a contract at the beginning of the period that entitles him to a discount from the outset on the basis of the price list. The entitlement to the discount expires if it is not asserted within three months of the end of the one-year period.

7. Data delivery

(1) The client is obligated to deliver proper advertising media in good time (according to the period specified in the media documents) before the start of the insertion, in particular in accordance with the format or technical specifications of the provider.

Incoming e-mails are only forwarded up to a data volume of 10 MB per e-mail.

(2) LV's obligation to store the advertising material ends three months after it was last distributed.

(3) LV's costs for changes to the advertising material requested by or for which the customer is responsible must be borne by the customer.

8. Right to Refuse

(1) LV reserves the right to reject or block advertising orders – including individual calls as part of a contract – if

• the content of which violates laws or official regulations or
• the content of which was objected to by the German Advertising Council in a complaints procedure or
• the publication of which is unreasonable for LV due to its content, origin or technical form.

(2) In particular, LV can withdraw advertising material that has already been published if the customer subsequently makes changes to the content of the advertising material himself or the data to which a link refers is subsequently changed and the requirements of paragraph 1 are thereby fulfilled.

9. Rights/granting of rights

(1) The client guarantees that he has all the rights required to place the advertising material. Within the scope of the advertising order, the customer indemnifies LV against all third-party claims that may arise due to the violation of legal provisions. Furthermore, LV is released from the costs of the necessary legal defense. The client is obliged to support LV in good faith with information and documents in legal defense against third parties.

(2) The client transfers to LV all copyrights, ancillary copyrights and other rights required for the use of the advertising in online media of all kinds, including the Internet, in particular the right to reproduce, distribute, transfer, broadcast and extract from a database and retrieval, in terms of time and content to the extent necessary for the execution of the order. In all cases, the above-mentioned rights are transferred with no geographical restrictions and entitle the user to post using all known technical processes and all known forms of online media.

10. Warranty

(1) Within the scope of the foreseeable requirements, LV guarantees the best possible reproduction of the advertising material in accordance with the usual technical standard. The AdImpressions determined by LV form the basis for the evaluation and billing. However, the client is aware that, given the current state of technology, it is not possible to create a program that is completely free of errors. The warranty does not apply to insignificant errors. An insignificant error in the presentation of the advertising material exists in particular if it is caused

• through the use of unsuitable display software and/or hardware (e.g. browser or e-mail client) or
• by disrupting the communication networks of other operators or
• due to computer failure due to system failure or
• through incomplete and/or not updated offers on so-called proxies (intermediate storage) or
• due to a failure of the ad server that does not last longer than 24 hours (continuous or cumulative) within 30 days of the start of the contractually agreed placement. In the event of a failure of the ad server over a considerable period (more than 10% of the booked time) of a time-bound fixed booking, LV will attempt to subsequently deliver the failure of media services (PIs) or to extend the time of the insertion, provided this is in the interests of the client not contrary. In the event that a subsequent delivery fails within the originally booked insertion or after the insertion period has been extended, the customer is no longer obliged to pay for the media services not realized or not incurred on average during the period. Further claims are excluded.

(2) Insofar as LV guarantees this, the customer is entitled to an extension of the insertion period or to the placement of a replacement advertising medium if the reproduction quality of the advertising medium is insufficient, provided this does not run counter to the interests of the client. If the extension of the insertion period or the placement of a replacement advertising medium fails or is unreasonable, the client has the right to a reduction in payment or cancellation of the order with regard to the proportion of the media service not yet provided; otherwise, a right of withdrawal is excluded.

(3) Outside of its sphere of control, LV does not bear the risk of data loss on the transmission path and also assumes no guarantee and/or liability for data security. The transfer of risk takes place upon receipt of the advertising material on one of the servers of LV.

(4) Insofar as the advertising material is not located on an LV server, but is delivered by a third party server and the AG to the extent specified in Section 11.2. described, LV provides the advertising material by communicating the URL of the advertising material on the server of the AG or the third party, LV assumes no guarantee and no liability for the delivery of the data via the Internet and also not with regard to the resulting additional risks, such as eg error-free delivery and quality of the advertising material and data security.

(5) LV will eliminate more than insignificant disruptions and errors on its servers as quickly as possible and will endeavor to eliminate insignificant impairments within a reasonable period of time. LV will endeavor to keep the Service always accessible via the web.

(6) LV is responsible for the availability of its servers to the extent that the non-availability and thus the work and downtimes are due to intentional or grossly negligent behavior on the part of LV. This does not apply in the event that the unavailability is due to force majeure, LV is not responsible for it, or the work is only being carried out in the interests of the client.

(7) LV and the service provider expressly exclude any warranty.

(8) LV is not obliged to check the advertising material or content provided for correctness, topicality, completeness, seriousness, quality and/or freedom from errors and does not assume any guarantee and/or liability for this, either expressly or implicitly.

(9) LV only pays damages in the event of intent, gross negligence and the absence of a guaranteed property; in all other cases for breach of a cardinal obligation, default or impossibility for damages which could reasonably have been expected at the time the contract was concluded, but not for any special, incidental or indirect damages or consequential damages. Liability for gross and slight negligence towards merchants, in the case of vicarious agents who are not legal representatives or executives, also for intent, is limited to the damage that is usually and typically foreseeable in such cases and cannot be controlled by the customer. Insofar as a cardinal obligation in the aforementioned sense was negligently breached, LV shall be liable at most up to the amount of the remuneration

(10) Liability for personal injury and under the Product Liability Act remains unaffected.

(11) Claims for damages by the Client can only be based on defects if LV is responsible for them in accordance with §§ 276, 278 BGB.

(12) Apart from intent and gross negligence, LV assumes no liability for the quality and possibility of access and the quality of the display, for memory failure, interruption, any delay, deletion and error transmission in communication.

(13) Items (13) and (14) do not apply to any state or jurisdiction that does not allow the exclusion or limitation of liability for consequential or incidental damages.

(14) The AG is liable for all consequences and disadvantages that LV suffers from the improper or illegal use of the services or because the AG does not meet its other obligations under these GTC. The AG shall indemnify LV from any claims or demands of third parties upon first request, which they assert due to infringement of rights by the AG or due to the content created by the AG, including reasonable legal costs and attorney's fees. Furthermore, the AG undertakes to support LV in defending against such claims.

(15) The above paragraphs also extend to the organ or contractually appointed representatives of LV and their vicarious agents.

(16) Insofar as LV is obliged to pay damages, LV must place the client in the same position as if the contract had not been concluded (so-called negative interest); Compensation for damages due to non-performance is excluded.

11. Notification of Defects

In the case of mutual commercial transactions, the client must check the advertising material placed immediately after the first placement and report any defects immediately. In the case of such commercial transactions, the notice period begins with the placement of the advertising material in the case of obvious defects, and with their discovery in the case of hidden defects. If the customer fails to notify the customer, the placement of the advertising material shall be deemed to have been approved.

12. Price List

The price list published at the time the order is placed applies. We reserve the right to make changes to companies. For orders confirmed by LV, price changes are only effective if they are announced by the provider at least one month before publication of the advertising material.

In the event of a price increase, the client has the right to withdraw. The right of withdrawal must be exercised within 5 days of receiving notification of the price increase. Discounts are determined according to the applicable price list. Advertising agencies and other advertising intermediaries are obliged to adhere to the price lists of the respective provider in their offers, contracts and invoices with advertisers.

13. Default of Payment

(1) In the event of default or deferral of payment, interest and collection costs will be charged. In the event of a delay in payment, LV can postpone the further execution of the current order until payment has been made and demand payment in advance for the remainder of the placement.

(2) Objectively justified doubts about the solvency of the client entitle LV, even during the term of the contract, to make the appearance of further advertising material dependent on the advance payment of the amount and the settlement of outstanding invoice amounts, regardless of an originally agreed payment term.

14. Termination

Advertising orders must be canceled in writing or by email. The last possibility to cancel is one week before the start of the placement. A cancellation fee of 25% of the invoice amount is due for cancellations from four weeks to one week before the start of the insertion. In particular, the premium partnership and the participation in the business directory are automatically extended by a further year after the end of a booking year if the contract is not canceled with a notice period of 6 weeks to the end of the booking period. LV is particularly entitled to extraordinary termination in writing if

• the customer has not fulfilled his payment obligation despite two reminders,
• the customer has already changed the advertising material or the target URL on their own initiative in the past,
• the customer continues to violate essential provisions of these General Terms and Conditions despite a warning,
• the customer commits misconduct directed against third parties by using LV's offer for purposes that are illegal or harassing for third parties. In the event of extraordinary termination, LV can discontinue the placement of the advertising medium with immediate effect. In the event of an extraordinary termination on the part of LV, the AG must, without prejudice to any further legal obligations, reimburse LV the difference between the discount granted and the discount calculated after the termination has taken place in relation to the actual placement of the advertising material or media.

15. Information Obligations of the Vendor

Unless otherwise agreed, the provider is responsible for making the number of hits on the advertising material available for the client within ten working days of the execution of the order, provided the advertising material meets these specifications.

16. Privacy

The advertising order is processed taking into account the applicable data protection regulations. The AG is hereby informed in accordance with the Teleservices Data Protection Act (TDDSG), Media Services State Treaty (MDStV), Federal Data Protection Act (BDSG) and other data protection regulations that the personal data provided in the context of the use of the services of LV, in particular the order placement and processing, are used exclusively for the Machine-readable purposes are stored, processed and used for which the client has indicated this, unless consent has been given to another type of use and for the purpose of billing and remuneration.

17. Place of Performance/Jurisdiction

Place of fulfillment is Munster.

In business transactions with merchants, legal entities under public law or special funds under public law, the place of jurisdiction for lawsuits is Münster. Insofar as claims of the provider are not asserted in the dunning procedure, the place of jurisdiction for non-merchants is determined by their place of residence. German law applies.

If the domicile or habitual residence of the customer, even in the case of non-merchants, is unknown at the time the action is filed, or if the customer has moved his domicile or habitual residence outside the scope of the law after the conclusion of the contract, Münster is agreed as the place of jurisdiction if the contract was concluded in writing .

18. Final Provisions

(1) All information, approvals, notifications or inquiries regarding these GTC as well as changes or additions to these GTC must be made in writing. The sending by e-mail corresponds to the written form. When sending by fax or e-mail, the date of receipt by the other partner is decisive.

(2) Changes and additions to these GTC, including changes to this clause, must be made in writing to be legally effective.

(3) In the event of a conflict, the regulations in these General Terms and Conditions take precedence over the regulations in the price tables, discount scales, the targeting criteria and the cash discount.

(4) Any invalidity of a provision of this contract does not affect the validity of the remaining provisions of this agreement. Invalid provisions are to be replaced by provisions that come closest to the intended meaning of the invalid provision. The same applies to the occurrence of any gaps that need to be filled.

 

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