Terms and conditions for the use of the services available on the website www.chattergallery.com
As of: 17.07.2018
These general terms and conditions apply to all between www.chattergallery.com (Markus Wernecke as the responsible operator), Georg-Baersch-Straße 7, 65428 Ruesselsheim, (hereinafter “www.chattergallery.com”, “Chattergallery.com”, “we”, “us”, or “our”) and the user of the Chattergallery.com services (hereinafter “Users”) in the context of the use of the Chattergallery.com database (hereinafter “Database”) arising legal relationships.
You can view the current terms and conditions for anytime, even after conclusion of the contract, print, or download here.
2. Services provided by Chattergallery.com
2.1. Our website gives you a free entry in the section “Marketplace”. The laws of the Republic of Germany are to be followed. Violation may result in criminal prosecution. Access to the Portal and all other services can not be required, denied or otherwise enforced in any way.
2.2. We reserve the right, at any time without stating reasons, to temporarily or permanently withdraw the privilege of use from individual users. Please note that we can not guarantee for entries posted or published here. The offered goods or services are neither checked nor recommended by us. Legal declarations of intent or legal transactions are made directly between users of our website.
2.3. Chattergallery.com brings together vendors and prospects of product, product and service offerings via the Internet at www.chattergallery.com. For this purpose, the user receives gem. Number 4 the possibility to set own content on the platform and/or external content of third parties acc. Paragraphs 8.2 f. retrieve.
2.4. The Chattergallery.com online marketplace also offers various related services, which are also subject to these terms and conditions, unless otherwise agreed.
3. Registration by the user
3.1. The use of certain services of Chattergallery.com requires the registration of the user on the website http://www.chattergallery.com. Registration is possible from the age of 13 years. The marketplace, purchases and sales, as well as the other paid services, such as subscriptions, are only allowed to adult and fully business users. Children and adolescents under the age of 18 require the written consent of a full-age, educationally corrected person.
Only registered users can post advertisements in the database of Chattergallery.com.
3.3. The e-mail address and the password are the access data for the use of the registered services of Chattergallery.com. The user has to keep the password secret and may not pass this on to third parties. Should third parties become aware of the user's password, the user must report this immediately to Chattergallery.com and change the password.
3.4. For the personal data of the user collected during the registration our data protection advice applies.
4. Setting content to the database
By submitting the registration data and the contents to the database, the user submits an offer to Chattergallery.com to enter into a contract for the temporary recording and provision of the content in the database. Chattergallery.com decides upon receipt of the offer about its acceptance. Acceptance of the offer takes place 24 hours after the content has been added to the database. The 24 hour time frame will allow us to review the entry and decide on the admission and publication of the entry. Chattergallery.com is entitled, but not obligated, to make a free distribution of the content to the user free of charge via cooperating partners online.
5. Information and obligations of the provider
5.1. Users who advertise products, products and services under the “Chattergallery.com” services (hereinafter the “Provider”) agree to submit only legitimate offers, carefully and truthfully aggregate the information about the offer sent to Chattergallery.com and to do so without delay to deactivate if the offered object is no longer available (eg marketed or reserved). Furthermore, there is the obligation to offer only offers, from the own marketing stock or for a direct marketing order (agency contract or similar) exists. The commercial resale of advertisements - and contingent or other services from the offer of Chattergallery.com is expressly prohibited. Also explicitly not permitted is the use of the account or shared account by third parties, in particular other sellers or franchisees. Furthermore, the provider undertakes not to disclose his property data in the form technically processed by Chattergallery.com (Exposé) to third parties.
5.2. Offering designs that are solely for the purpose of attracting the attention of prospects are considered to be abusive. Such offer designs are given in particular in the following cases:
a. Wrong and/or incorrect information in the entry address,
b. Multiple settings of the same article, product or service
c. Exposés are used as advertising space for your own company,
d. Seekers are made aware of an offer by unconcrete or even false information (including, inter alia, incomplete offers, incorrect address details or geographical assignments, etc.),
e. Referral of interested parties to paid Internet or telephone services (for example 0190 or 0900 numbers),
f. Address data of objects or contact data will be announced after the registration.
Such offerings are a manipulation of the Chattergallery.com search engine.
5.3. Offers, in the context of which a brokerage fee is required in the case of the conclusion of the transaction, must expressly mention this in the offer and indicate the amount of the brokerage fee (gross including applicable statutory value added tax) and the person entitled to the brokerage fee.
5.4. Regardless of possible civil and criminal consequences for each provider, failure to comply with any of the behavioral obligations set out in this section entitles Chattergallery.com to immediately deactivate affected advertisements. In the event of non-compliance culpably, Chattergallery.com is also entitled to terminate the contract with the respective provider without cause for good cause and to immediately block access to the database system of Chattergallery.com.
5.5. The rights of the provider under the contract with Chattergallery.com are not transferable.
6. Responsibility for content
6.1. The user is responsible for the content posted by him. In particular, he warrants that the content is not illegal and does not violate any third party rights (such as copyright or trademark rights). Chattergallery.com is under no obligation to verify that any content posted compromises third party rights or violates any law. The user is obliged to correct or delete the content he has posted, provided that they do not meet the requirements for the design of advertisements. The user can make changes via the menu „My entries“. The user must also ensure that the files transmitted by him contain no viruses or similar harmful programs.
6.2. Should Chattergallery.com be used by third parties, including governmental institutions, under this Agreement for infringement of third party rights and other violations of rights as a result of the User's contractual use of the Content, Chattergallery.com will indemnify and hold harmless against such claims Chattergallery.com in the legal defense to which Chattergallery.com is entitled, but not required, to provide the necessary assistance and to assume the necessary legal defense costs for Chattergallery.com. The prerequisite for this is that Chattergallery.com immediately informs the user comprehensively in writing of asserted claims and violations of rights (e-mail sufficient), makes no concessions or acknowledgments or statements equivalent to them and allows the user to settle all court and out-of-court negotiations at his expense about the claims to lead. The assertion of further claims reserved Chattergallery.com.
6.3. In case of violation of the regulations described in this paragraph, Chattergallery.com is entitled at any time to reject the contents or to remove or deactivate them immediately without prior consultation with the user. Chattergallery.com will immediately inform the user in case of rejection or deletion or deactivation of the contents, stating the reasons.
6.4. The obligation of the user to pay the fee remains unaffected by the execution of the measures mentioned in this point.
7. Rights of use
By posting content in the database, the user grants Chattergallery.com the right to use this content indefinitely to the types of use required for the setting and keeping in the database and the retrieval by third parties, in particular to save the content, reproduce, to edit, modify, make available, transmit, publish and make publicly accessible.
8. Rights to the database
8.1. Chattergallery.com is the owner of the content of the website and the database. All copyrights, trademarks and other proprietary rights to the database, the database and the content, data and other elements set forth here belong exclusively to Chattergallery.com; Any rights of the user to the content he has posted remain unaffected.
8.3. The user may not use the data obtained by retrieval, either in full, in part or in full, to set up his own database in any media form and/or for commercial exploitation or disclosure of information and/or for any other commercial use. The linking, integration or other linking of the database or individual elements of the database with other databases or meta-databases is inadmissible.
9.1. Chattergallery.com assumes no responsibility for the accuracy and completeness of the information provided and statements made by users and for the identity and integrity of users.
9.2. The content/advertisements posted in the database are for Chattergallery.com external content i.S.v. § 8 paragraph 1 Telemedia Act (TMG). Accordingly, the legal responsibility for this content lies with the person who posted the content in the database.
9.3. Chattergallery.com does not warrant for technical defects, in particular for the permanent and uninterrupted availability of the database and its contents, or for the complete and error-free reproduction of the content put into the database by the user.
10.1. Damage caused to Chattergallery.com by Chattergallery.com or its vicarious agents to the user in connection with the services of Chattergallery.com:
In case of intent or gross negligence as well as in the presence of a guarantee the liability is unlimited. In case of slight negligence, the liability in case of injury to life, body or health is also unlimited. In the event of a slightly negligent breach of essential contractual obligations, the liability is limited to property and pecuniary losses attributable thereto in the amount of the foreseeable, typically occurring damage. Any further liability for damages is excluded except for claims under the Product Liability Act.
10.2. Chattergallery.com is liable for data loss as well as costs of useless data entry within the scope of the above provisions only to the extent that could not have been avoided even if the user had saved the data available with him in the most recent processing state in machine-readable form.
10.3. Any contributory negligence of the user must be taken into account in any case. In particular, the user is obliged to check the data he has provided and that Chattergallery.com has displayed, at least by means of a one-time search query.
10.4. The above provisions also apply to any employees of Chattergallery.com.
11. Remuneration and performance restraint
11.1. The prices and products for each Chattergallery.com service are based on the prices and product offerings in force at the time the order is placed. For ad quota overruns triggered by additional postings, such as an additional advertisement, a subscription and/or a paid membership, the prices are valid according to the price list valid at the time of placing the order and the respective product offer. The additional postings are linked to a valid display quota product. If the term of the ad contingent product ends or if the bill of exchange option is used, the term of the additional booking automatically ends at this time. In the case of mismatched terms of the ad contingent product and the additional posting, only a pro rata calculation is made with regard to the additional posting. In the case of an automatic extension of the contract duration, the remuneration for the additional contract period due to the extension is determined in each case according to the price list of the products, which is valid for the user two weeks before the date of contract renewal.
11.2. In the direct debit procedure, Chattergallery.com will not collect the amount before the second day after receipt of the invoice (= pre-notification) from the agreed account (= due date). Payments by invoice are due immediately upon receipt of the invoice. In case of late payment or deferral the legal interest will be charged. In the event of late payment, Chattergallery.com reserves the right to withhold its own contractual service until the end of the delay. Costs resulting from the collection of receivables or, in the case of return debits, Chattergallery.com will continue to be charged.
12. Payment arrangements
The following applies to payment for paid products:
During the online booking the payment method Paypal and the SEPA direct debit will be provided.
For subscriptions and paid memberships, the following payment options are available:
SEPA Direct Debit
A subsequent discount of booked bookings is not possible.
If you as a consumer order a service for a fee, you have the following right of withdrawal:
You have the right to withdraw from this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the date of the contract.
To exercise your right of withdrawal, you must contact us
Department of Paid Services
Tel. No .: 06142 3592290
Fax No.: 06142 3594277
by means of a clear statement (such as a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not required.
In order to maintain the cancellation period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the cancellation
If you withdraw from this Agreement, we have selected all payments we have received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method than the most favorable standard delivery we offer have to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees.
If you have requested that the services be commenced during the period of cancellation, you must pay us a reasonable amount equal to the proportion of services already provided by you at the time you inform us of the exercise of the right of withdrawal in respect of this contract Comparison with the total volume of services provided for in the contract.
Note on premature termination of the right of withdrawal
Your right of revocation expires prematurely in the case of a contract for the provision of services, if we have provided the service completely and have only begun to perform the service after you have given your express consent and at the same time have confirmed your knowledge that you have your right of withdrawal lose full contract performance by us.
End of revocation
14. Change of the general terms and conditions
14.1. Chattergallery.com reserves the right to change these terms and conditions at any time, subject to a reasonable notice period of at least six weeks. The announcement is made by publication of the amended terms and conditions, including the date of entry into the Internet on the website of Chattergallery.com.
14.2. If the customer does not object within six weeks of publication, the changed terms and conditions shall be deemed accepted. The announcement of the change refers separately to the importance of the six-week period.
14.3. In the event of a timely objection by the customer to the changed terms and conditions, Chattergallery.com shall be entitled, while respecting the legitimate interests of the buyer, to terminate the contract with the buyer at the time the change enters into force. Corresponding contents of the user are then deleted in the database. The user can not assert claims against Chattergallery.com.
15. Final provisions
15.1. The legal relationships between Chattergallery.com and the user are subject to the laws of the Federal Republic of Germany, excluding the UN Sales Convention. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
15.2. Jurisdiction is Ruesselsheim, as far as the user is a merchant or a legal entity under public law or public law special fund. The same applies if the user does not have a general place of jurisdiction in Germany or the EU or if his place of residence or habitual residence is unknown at the time the complaint is filed. The right to appeal to the court at another statutory place of jurisdiction remains unaffected.