Preamble
1. Subject Matter
2. Representations and Warranties upon Registration
3. Obligations of the User
4. Changes in the Services and Prices on the PACO-PACO-Website
5. Termination of Membership, Repayment of Advance Payments
6. Responsibility for Data and/or Information provided by the User
7. Restriction of Liability
8. Indemnification
9. Dataprotection
10. Final Provisions
Preamble Upon registration as a user of PACO-PACO the user (hereinafter referred to as the "User") acknowledges and agrees that these General Terms and Conditions (hereinafter referred to as the "GTC") shall be binding to the contractual relationship between the User and PACO-PACO. PACO-PACO operates the services of PACO-PACO on the Internet under www.paco-paco.de. These GTC shall govern the contractual relationship between the User and PACO-PACO. PACO-PACO offers the services of PACO-PACO exclusively to natural persons of legal age whose professional status is either self-employed or freelancer. Should a non-business person (Nichtkaufmann) register with PACO-PACO, he shall accept these GTC. 1. Subject Matter 1.1. The PACO-PACO-Website offer three alternatives of use to registered users: (i) a private contact forum free of charge (membership in this forum is hereinafter referred to as the "Complementary Membership"), (ii) an online electronic marketplace for business-to-business exchange (hereinafter referred to as the "Online Marketplace"), and (iii) an online business directory for companies of the food industry (herinafter referred to as the "Online Directory"). The Online Marketplace offers a directory and forum for secondhand machines and plants from the food- and packaging industry. 1.2. Details about the applicable fees for the Online Marketplace and the Online Directory are set forth on the PACO-PACO-Website under " Prices". The fees listed under " Prices" are binding. Payments for the Online Marketplace and the Online Directory shall be due and owing immediately after the successfull submission of a machinery / business listing by the User. The User may effect payment by means of the available online payment systems. If PACO-PACO cannot collect any fees due and payable from an account designated by the User due to lack of coverage of said account, the User shall bear all costs arising therefrom, including without limitation bank charges related to any debit entries and/or similar charges. 1.3. Any use of any of the services and/or contents offered on the PACO-PACO-Website in excess of the scope of use as provided by PACO-PACO is inadmissible without the prior written consent of PACO-PACO. 1.4. PACO-PACO shall make available all data and/or information provided by the User, unless said data and/or information breaches (i) any applicable law or statute or (ii) any of the terms and conditions of these GTC. PACO-PACO is entitled to remove any data and/or information not in compliance with the foregoing provision without giving prior notice to the User. 1.5. The User acknowledges and agrees that it is technologically impossible to achieve a 100 %-availability of the PACO-PACO-Website. PACO-PACO shall strive to constantly provide the PACO-PACO-Website to the extent possible. Events such as for example maintenance works, safety or capacity requirements, and/or events beyond PACO-PACO's reasonable sphere of control (e.g. disruptions in public communication networks, power failures etc.), may result in short disturbances or in temporary interruptions of the services provided on the PACO-PACO-Website. 1.6. PACO-PACO offers PACO-PACO's Internet platform solely with the intent to bring the User together with other users, and to offer used machinery and equipment on the Online Marketplace, and PACO-PACO merely provides technological applications allowing the User to contact other users. In no event shall PACO-PACO participate in any communication among the User with other users. If the User enters into agreements with other users via the PACO-PACO-Website, PACO-PACO shall not be a contracting party to these agreements, and in no event shall PACO-PACO be responsible for the execution and/or fulfillment of contracts between the User and any other user. PACO-PACO does not warrant nor represent that the User may successfully establish the contact to any other user regarding any agreements made via the PACO-PACO-Website. Further, PACO-PACO shall not be liable to any user for a breach of duties under these agreements. 2. Representations and Warranties upon Registration 2.1. The User must register prior to using any of the services on the PACO-PACO-Website. 2.2. The User warrants and represents that all of the data provided by the User for registration is accurate and complete. The User shall report any changes in the registration data to PACO-PACO without undue delay. It is inadmissible for the User to use pseudonyms or pen names. 2.3. The User warrants and represents, that the User is of legal age at the time of registration, that the User's professional status is either self-employed or freelancer that the User uses the PACO-PACO-Websites exclusively in the User's commercial activities. 2.4. The User shall select a password upon registration. The User is obliged to keep the password secret. PACO-PACO shall not disclose the password to any third party and PACO-PACO shall not request the User's password at any time. 2.5. The User is entitled to register with PACO-PACO only once, and the User may only establish one (1) user profile. 2.6. It is technologically impossible for PACO-PACO to determine with certainty whether any user registered with PACO-PACO is in fact the person which such user represents to be. PACO-PACO does not warrant nor represent the correctness of any user's represented identity, and each user is solely responsible to check the correctness of the identity of any other user. 3. Obligations of the User 3.1. The User is obliged 3.1.1. to provide true and non-misleading statements in the User's profile and in the User's communication with other users, and to refrain from using any pseudonyms or pen names. 3.1.2. to comply, when using the contents and services on the PACO-PACO-Website, with all applicable laws and statutes, including without limitation all intellectual property rights and any other rights of any third party. In particular, without limitation, the User shall not, - use any insulting or defamatory contents, regardless of whether said contents addresses any other user or any personnel of PACO-PACO or any other companies,
- use any pornographic contents or any contents not in compliance with any applicable laws or statutes for the protection of minors, and the User shall neither advertise nor promote, offer or distribute any pornographic products or products which do not comply with any applicable laws or statutes for the protection of minors,
- unreasonably disturb any other user, in particular by using SPAM (cf. § 7 of the German Unfair Competition Act),
- use any contents protected by law or statute (e.g. by copyright, trademark, patent, utility patent, or design patent laws), without being entitled to do so, nor to advertise, promote, offer or distribute any goods or services protected by law or statute, or
- use or promote any unfair competition commercial practices, including without limitation progressive customer acquisition practices (such as, for example, chain distribution systems, multilevel selling or pyramid sales).
3.1.3. to refrain from undertaking any of the following molesting actions, even if they do not constitute a breach of any applicable laws or statutes:
- Sending chain letters,
- Sending identical private messages to more than one (1) user at the same time,
- Performing, advertising and promoting any form of multi-level marketing, or
- Using any insinuating or sexual communication, neither suggestive nor explicit.
3.2. The following actions are inadmissible to the User:
- Use of any mechanisms, software or scripts in connection with the use of the PACO-PACO-Website. However, the User may use the interfaces or software provided by PACO-PACO within the scope of the services available on the PACO-PACO-Website.
- Blocking, overwriting, modifying and copying of any contents of the PACO-PACO-Website, unless said actions are mandatory for the proper use of the services on the PACO-PACO-Website. For avoidance of doubt and as an example, the use of "Robot/Crawler"-search engine technologies is not mandatory for the proper use and is therefore inadmissible;
- Distributing or publicly displaying the contents of the website of PACO-PACO or any other user,
- Performing any actions which may impair the operability of PACO-PACO's infrastructure, including without limitation actions which may unreasonably overload said infrastructure.
4. Changes in the Services and Prices on the PACO-PACO-Website PACO-PACO reserves the right to modify the services and prices offered on the PACO-PACO-Website and/or to offer different services than the ones offered at the time of the User's registration at any time, to the extent reasonable to the User. 5. Termination of Membership, Repayment of Advance Payments 5.1. The User may terminate the Complementary Membership at any time without cause. The User may deliver notice of termination using the contact form provided under the link "Contact" accessible from each of the PACO-PACO-Website. The termination notice shall include the registered name of the User and an e-mail address of the User registered on the PACO-PACO-Website. 5.2. The User may terminate and withdraw his listing from the Online Marketplace or Online Directory, at any time without cause. Hereby the User holds complete control on the publishing time and on the respective costs of his listing. 5.3. PACO-PACO may terminate the contract in accordance with the applicable laws and statutes. If PACO-PACO terminates the contract for good cause, PACO-PACO may do so without any term of notice. A good cause is defined as an event, which makes it unacceptable for PACO-PACO to continue the contract until the end of the termination period, taking into account all circumstances of the individual case and weighing the interests of PACO-PACO against the User's. A good cause includes without limitation any the following events: - If the User does not comply with any applicable law or statute,
- If the User breaches a contractual obligation, in particular an obligation set forth in Sections 2 or 3,
- If the reputation of the services offered on the PACO-PACO-Website is substantially impaired by the online-presence of the User (if, for example, it turns out after the registration of the User that the User had been convicted legally binding of a criminal offense, and if said conviction is known to other users),
- If the User promotes any communities or associations (or any of their methods or activities) under observation by the competent authorities for the public safety or the protection of minors, or
- If the User causes damage to any other user(s).
5.4. In the event of a good cause in accordance with Section 5.3 and notwithstanding PACO-PACO's right to terminate the contract in accordance with Section 5.3, PACO-PACO is entitled to:
- delete the contents provided by the User,
- issue a warning, or
- block the User's access to the services on the PACO-PACO-Website.
5.5. In the following cases, the User shall not be entitled to claim repayment of any the User's advance payments:
- If PACO-PACO has terminated the contract for good cause pursuant to Section 5.3,
- If PACO-PACO has blocked access of the User in accordance with to Section 5.4, or
- If the User has terminated the contract; however, the User's right to claim repayment of any of the User's advance payments shall not be excluded if the User has terminated the contract upon a good cause attributable to PACO-PACO.
6. Responsibility for Data and/or Information provided by the User 6.1. PACO-PACO does not make any warranties or representations regarding any data and/or information provided or made available by any user of the PACO-PACO-Website. In particular, without limitation, PACO-PACO does not warrant nor represent that said data and/or information is true or accurate, nor that it fulfills or serves any particular purpose(s). 6.2. The User may report any activities of any other user(s) not in compliance with (i) the applicable laws or statutes or (ii) any of the terms and conditions of these GTC using the contact form provided under the link "Contact" accessible from the PACO-PACO-Website. 7. Restriction of Liability PACO-PACO - including any person engaged in performing any obligation under this contract - shall be liable for damages under any claim based on normal negligence only, if PACO-PACO breaches a basic obligation under this contract. In this event, PACO-PACO shall not be liable to the User for any amount representing damages in excess of characteristic and foreseeable damages Claims for personal injuries and claims based on the German Product Liability Act shall remain untouched. 8. Indemnification 8.1 The User warrants and represents that any contents, data and/or information in the services of the PACO-PACO-Website provided by the User is free of any rights of any other user or any third party. The User further warrants and represents that the User complies with the applicable laws and statutes and the terms and conditions of these GTC, when using the PACO-PACO-Website. The User shall indemnify and hold PACO-PACO harmless from and against any and all actions, claims, losses, damages, liabilities, awards, as well as reasonable costs and expenses (including legal fees) resulting from or arising out of any litigation or any breach of the foregoing warranties, or which is based on a claim of an infringement. PACO-PACO reserves all further rights and claims for damages. The User's obligations under this Section 8.1 shall not apply to the extent the relevant infringement is not attributable to the User. 8.2 In the event the contents provided by the User infringes any rights of any third party, the User shall, at its own expense and at PACO-PACO's discretion, either provide PACO-PACO with the right to use said contents or render said contents free of any infringement. In the event the User breaches any applicable laws or statutes or any of the terms and conditions of these GTC, when using the PACO-PACO-Website, the User shall refrain from such unlawful or contrary to contract usage without delay, if so requested by PACO-PACO. 9. Data Protection PACO-PACO acknowledges and agrees that any data provided by the User to PACO-PACO is extremely important to the User and PACO-PACO shall therefore be particularly sensitive in dealing with said data. PACO-PACO shall adhere to all applicable statutory provisions regarding data protection (German Data Protection Laws, European Data Protection Directives and any other applicable laws and statutes on data protection). In particular, PACO-PACO shall not disclose any personal data of the User to any third party without being entitled to do so. Details on PACO-PACO's treatment of the User's data are set forth in the Data Protection Policy of PACO-PACO accessible from the PACO-PACO-Website. 10. Final Provisions 10.1. The contract constitutes the entire and exclusive statements of the agreements between the parties with respect to its subject matter and there are no oral or written representations, understandings or agreements relating to the contract which are not fully expressed in the contract. 10.2. PACO-PACO reserves the right to amend these GTC at any time, without giving reasons, unless an amendment is unreasonable to the User. PACO-PACO shall give due notice of any amendments of these GTC to the User. If the User does not object to the applicability of the revised GTC within two (2) weeks after receipt of said notice, the amended GTC shall be deemed to be accepted by the User. PACO-PACO shall inform the User about the User's right to object and of the relevance of the objection deadline in said notice. 10.3. Unless otherwise stated in these GTC, the User may submit all notices to PACO-PACO using the contact form provided under the link "Contact" accessible from the PACO-PACO-Website, by letter post or by facsimile. PACO-PACO may submit notices to the User by e-mail, facsimile or letter post to the addresses the User has provided as the User's current contact data in the User's user account. 10.4. If any provision of these GTC is, for any reason, invalid and/or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. The parties agree to replace an invalid and/or unenforceable provision with a valid and/or enforceable provision which most closely approximates the intent and economic effect of the invalid and/or unenforceable provision. 10.5. The place of delivery of any obligations and/or performances under these GTC shall be PACO-PACO's main place of business. 10.6. To the extent admissible by law or statute, exclusive venue for all legal disputes arising from these GTC and/or the contractual relationship between the parties shall be PACO-PACO's main place of business. 10.7. These GTC and the contractual relationship shall be governed exclusively by the applicable laws and statutes of Germany, without regard to its choice of law rules and excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods. Hamburg, 14.11.2005
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Terms and Conditions 
