Terms and conditions


content:

A. BUY OF GOODS ON THE Old and Art - PLATFORM

B. SALE OF GOODS ON THE Old and Art - PLATFORM



A. BUY OF GOODS ON THE Old and Art - PLATFORM


⦁ Operator and object

⦁ The OldandArt website (hereinafter "Platform") is managed by NextNet Kaufmann, Dachlissen 72, 8932 Mettmenstetten (hereinafter referred to as "we" or "us"). This Section A. of the General Terms and Conditions of Business (hereinafter "Terms&condicions;) applies to the purchase of goods on the platform.

⦁ Auf der Plattform können Nutzer Waren dritter Anbieter bestellen, die von diesen Anbietern (nachstehend "Anbieter") auf der Plattform beworben werden. The contract for a respective product may not be concluded with us, but with the respective provider. The terms and conditions of the respective provider apply to this contract provided that they are effectively included in the contract. The contract for a particular product may not be concluded by the user with us, but with the respective provider.


⦁ Conclusion of the contract with us on the use of the platform

⦁ The provision of the website does not constitute a binding offer to conclude a corresponding usage agreement between the user and us. A binding offer is only made by the user submitting his registration request to us via the website. We may accept this offer by e-mailing the user's registration by confirming the registration.

⦁ We store the contractual provisions, ie the registration data and the present GTC. You can print out or save the terms of the contract by using the usual functionality of your browser (usually "Print" or "File"> "Save As"). The registration data are contained in the overview, which is displayed in the last step of the registration.

⦁ Contract language is German.


⦁ Conclusion of contracts with suppliers

⦁ The presentation of the products on the platform does not include an offer from the respective provider to conclude a corresponding contract. It is only when the user submits an order via a respective product that he submits an offer to the respective provider to conclude a corresponding contract. The contract comes into force when and as soon as the offerer accepts the offer within a reasonable period by means of a communication on a platform-based message system or by e-mail, telephone, fax or sending the goods.

⦁ The contract data, including the general terms and conditions of the provider, are stored on the platform. You can print or save the contract data, including the general terms and conditions of the provider, by using the usual functionality of your browser (usually "Print" or "File"> "Save As").

⦁ Contract language is German.

⦁ User account

⦁ When registering the user account, correct and complete information must be provided. Data from third parties may not be used without their consent.

⦁ You are obliged to treat your access data, such as your password, in a confidential manner, to make it inaccessible to third parties, and to inform us immediately in the event of loss or unauthorized use of your access data.


⦁ Payment and Invoicing

⦁ The payment is made by the user directly to the provider.

⦁ The invoice is also received directly from the supplier.


⦁ Termination

⦁ Each party is entitled to terminate the contract for the use of the platform at any time, subject to a notice period of 14 days.


⦁ Information to ensure the provider

⦁ We inform that the warranty obligations of the suppliers are in accordance with the statutory provisions, insofar as the terms and conditions of the respective provider are not allowed to be disproportionately regulated.


⦁ Disclaimers and limitations

The following applies to liability for damages:

⦁ In the case of willful intent and gross negligence, including our vicarious agents, we shall be liable in accordance with statutory provisions. The same applies to negligently caused damage from injury to life, body or health.

⦁ In the case of negligent property and property damage, we shall be liable only in the event of a breach of a material contractual obligation, but limited to the damages foreseeable and contractually typical at the time the contract is concluded; Essential contractual obligations are those whose fulfillment makes the proper execution of the contract possible at all and on whose compliance the contractual partner may regularly rely.

⦁ In addition, liability is excluded from us, irrespective of their legal basis.

⦁ The exclusion and limitation of liability in the preceding paragraphs (1) to (3) shall also apply mutatis mutandis to our fulfillment allowances.

⦁ Liability for the assumption of a guarantee or the product liability law shall remain unaffected by the exclusions and limitations of liability of the preceding paragraphs (1) to (4).


⦁ Applicable law, jurisdiction

⦁ German law applies. This choice of law applies to a consumer only insofar as this does not restrict any mandatory legal provisions of the country in which he is domiciled or habitually resident.

⦁ The legal domicile of the business with merchants, legal entities of public law or public special funds is the seat of our company. However, we are entitled at our option to sue at the registered office of the customer.


B. SALE OF GOODS ON THE OldandArt-INTERNET PLATFORM


⦁ Operator and scope of application

⦁ The OldandArt website (hereinafter "the platform") is managed by NextNet Kaufmann, Dachlissen,72, 8932 Mettmenstetten (hereinafter referred to as "we" or "us"). This Section B. of these General Terms and Conditions (hereinafter "Terms") applies to the sale of goods on the platform.

⦁ On the platform, users may order goods which are advertised by you (hereinafter referred to as "the seller" or "you" or "you") on the platform. The contract for a respective product may not be concluded with us, but with the provider. The terms and conditions of the provider apply to this contract, provided that they are effectively included in the contract. Providers can provide their terms and conditions on the platform.

⦁ Deviating terms and conditions of the customer which extend beyond these general terms and conditions of business of the customer shall not be contractual.


⦁ User account

⦁ When registering the user account, correct and complete information must be provided. Data from third parties may not be used without their consent.

⦁ You are obliged to treat your access data, such as your password, in a confidential manner, to make it inaccessible to third parties, and to inform us immediately in the event of loss or unauthorized use of your access data.


⦁ Conclusion of the contract on the use of the platform

⦁ The provision of the website does not constitute a binding offer to conclude a corresponding usage agreement between the provider and us. Instead, a binding offer is only made by the provider submitting his / her registration request / order via the website. We accept this offer if necessary by confirming the registration of the offerer by means of a registration / order confirmation by e-mail.

⦁ We store the contractual provisions, ie the registration / order data and the present GTC. You can print out or save the terms of the contract by using the usual functionality of your browser (usually "Print" or "File"> "Save As"). The registration / order data are included in the overview, which is displayed in the last step of the registration. The terms of the contract, including the general terms and conditions, are also contained in the e-mail with the registration / order confirmation, which we send you in case of acceptance of your registration / order.

⦁ Contract language is German.


⦁ Use the platform as a provider

⦁ Providers can design the presentation of their goods in a self-administered area.


⦁ Compensation

⦁ For the use of the platform as a provider, we charge a commission to the provider. Details, in particular the amount of the commission and its maturity, are given in our service description on the website.

⦁ Invoices are sent by e-mail.


⦁ presentation of goods on the platform

⦁ Imprint obligation: You must ensure that your presence on the platform ("Product Presentation") contains an imprint that complies with the imprint obligation in the sense of § 5 Telemediengesetz.

⦁ Compliance with applicable laws: You must ensure that your product presentation complies with relevant legal requirements. This includes, among other things, the obligation to provide information on the distance selling of entrepreneurs to consumers (legal notice on prices, the prohibition of unfair, misleading or otherwise anti-competitive advertising, or product-specific labeling obligations.

⦁ No infringement of the product presentations against the rights of third parties: Your product presentation and its setting on the platform must not infringe any copyright, performance, name, brand, design, personality or other rights of third parties. The provider guarantees that he is free to dispose of the rights of third parties through the rights necessary for the circulation of his product presentation to the contents of his product presentation.


⦁ Blocking of product presentations

⦁ We are allowed to block product presentations immediately if there are indications that they are unlawful or violate the rights of third parties. As a pretext for unlawfulness or infringement of the law, it is foreseeable for third parties to take measures of any kind against us or against you and to base these measures on the allegation of unlawfulness and / or infringement. The interruption of the product presentation shall be canceled as soon as the suspicion of illegality or infringement of the law has been cleared.

⦁ Disclaimers and limitations

The following applies to liability for damages:

⦁ In the case of willful intent and gross negligence, including our vicarious agents, we shall be liable in accordance with statutory provisions. The same applies to negligently caused damage from injury to life, body or health.

⦁ In the case of negligent property and property damage, we shall be liable only in the event of a breach of a material contractual obligation, but limited to the damages foreseeable and contractually typical at the time the contract is concluded; Essential contractual obligations are those whose fulfillment makes the proper execution of the contract possible at all and on whose compliance the contractual partner may regularly rely.

⦁ In addition, liability is excluded from us, irrespective of their legal basis.

⦁ The exclusion and limitation of liability in the preceding paragraphs (1) to (3) shall also apply mutatis mutandis to our fulfillment allowances.

⦁ Liability for the assumption of a guarantee or the product liability law shall remain unaffected by the exclusions and limitations of liability of the preceding paragraphs (1) to (4).


⦁ Applicable law, jurisdiction

⦁ Switzerland law applies. This choice of law applies to a consumer only insofar as this does not restrict any mandatory legal provisions of the country in which he is domiciled or habitually resident.

⦁ The legal domicile of the business with merchants, legal entities of public law or public special funds is the seat of our company. However, we are entitled at our option to sue at the registered office of the customer.