GeneralTerms and Conditions of MedicaMarket GmbH
1 - Scope
2.1 MedicaMarket provides an internet platform that can be used to post and manage medical device and product advertisements. The goal is to make the ads accessible to third parties on the internet. MedicaMarket provides free and paid services. The fee for paid services depends on the services selected.Obligatory information in every advertisement is in particular all information which best describes the device or product, such as the manufacturer, the model, age, location, condition and the price in the appropriate currency. If the user is an official representative of manufacturers, then he has the option of publishing advertisements without quotations. MedicaMarket reserves the right to request a document from the user that identifies him as either a manufacturer or official representative. Otherwise, ad policies must be followed. 2.2 The user may use the services of MedicaMarket and the internet platform provided only in the terms and conditions specified in these terms and conditions. MedicaMarket reserves the right to modify, discontinue or possibly exchange free and paid services and individual functionalities. There is no entitlement to any services, details or features, including those not described and provided by MedicaMarket without additional compensation.
3 Processing and Usage Rights
3.1 With the transmission of data in the context of the creation and publication of an advertisement MedicaMarket is granted the rights for the contents of the editing right (this includes, for example, the right to modify content, shorten or supplement, even by third parties), archiving and database law (right of storage on all known storage media and data carriers) as well as the reproduction and distribution right (also in other (electronic) media) by the user. The above rights are transferable, not limited in time and place. 3.2 The content accessible on the MedicaMarket page, such as individual texts or advertisements, as well as marks such as trademarks, logos or company names may enjoy copyright, trademark and competition protection. The user receives under this contract the non-exclusive and non-transferable right to use the content limited to this contract. Automated database queries or the publication of data by third parties by the user on other websites or media are punishable by MedicaMarket under civil and / or criminal law. In the event of non-compliance with the aforementioned rights, MedicaMarket is further entitled to demand a contractual penalty of € 400 per from the user. Should the damage exceed this amount, MedicaMarket reserves the right to assert it.
4 Registration and Contract
4.1 Only legal entities and natural persons with unlimited legal capacity may register on the MedicaMarket internet platform in order to use services. The user must be authorized to conclude contracts for the legal entity for which he is registered. MedicaMarket's offer is explicitly not directed to patients or individuals. 4.2 The user is obliged to provide truthful and complete information when registering. Within and after the registration, MedicaMarket is entitled to demand proof of commercial activity (for example, commercial register extract, business registration), insofar as this appears necessary for the contractual relationship with the user. The user commits himself to adapt his data always independently in the profile, insofar as these should change. 4.3 By submitting his registration data to MedicaMarket, the user submits an offer to MedicaMarket to conclude a contract. MedicaMarket may decide to accept this offer at its discretion. With the confirmation of the registration by MedicaMarket there is a contract between MedicaMarket and the user. Registration with MedicaMarket is not transferable. § 312g para. 1 sentence 1 no. 1-3 and sentence 2 BGB is excluded in the case of contractual agreements between commercial partners in electronic commerce. 4.4 MedicaMarket employees are not allowed to ask the user to provide their password. The user agrees to deny the disclosure of the password to third parties on request. In case the user has forgotten the password, the password can be reset using the password forgotten function. MedicaMarket then sends an e-mail to the user that allows the assignment of a new password. If the password intentionally or negligently known (given) to third, so the user is liable for resulting damages. In the event that the user notices that his password has been misappropriated or stolen by third parties, MedicaMarket must be informed immediately by e-mail.
5 Prices, Payment and Default
5.1 The prices for the selected services and possibly also only individual services are listed on the website of MedicaMarket. When booking a service or services, the contractually agreed price is due once or over the booked period. Individual price agreements are possible after consultation with MedicaMarket under certain conditions. 5.2 In the case of price adjustments during the term of a booked service, the user will be contacted one month before the adjustment. In this case, the user can terminate the contract extraordinarily at the time when the new price for the service or services comes into force. If the user does not object to the price change and continues to use the booked services, this is considered a declaration of consent. 5.3 When booking a service, the price quoted is due immediately. If a service is booked, which is associated with monthly recurring fees, then MedicaMarket bills them monthly, unless otherwise agreed in individual cases. The collection of the invoice amount is made according to the customer's request by credit card, paypal or other Safetrust provider. In individual cases, special agreements regarding the payment method are possible. For monthly recurring fees, MedicaMarket will generate an invoice and collect the amounts using the chosen method of payment, but not before the fourth day of the invoice's creation date (the date is the due date). 5.4 All amounts are basically due with the booking of services and receipt of invoice. If the amount has not been paid immediately, the user will be in default if the invoice amount has not been paid within 14 days after the invoice has been issued. In this case, MedicaMarket is entitled to default interest of 10% p. a. above the base rate, unless the user proves that the damage to MedicaMarket is lower. MedicaMarket reserves the right to either demand from the user the default interest entitled by law or to prove and assert a higher amount of damage.
6 Contract Duration and Termination
6.1 The contract between MedicaMarket and the user is concluded for a minimum term or for an indefinite period. In the case of unlimited contracts, both MedicaMarket and the user have a regular termination right from one month to the end of the month. For contracts with a minimum term, a mutual right of termination applies from one month to the end of the last month of the minimum term. If such a contract is not terminated, then the contract continues after the expiry of the minimum term as an open-ended contract, so that then the ordinary period of notice of one month to the end of the month applies. 6.2 The right of extraordinary termination remains unaffected by the provisions in 7.1. In particular, MedicaMarket is entitled to an extraordinary termination right, should the user6.2.1. violate substantial provisions (obligation to use the offer of MedicaMarket only within the given permitted framework as well as to provide only truthful information and furthermore the obligation to comply with the guidelines to the design of advertisements or not to advertise illegal contents) violate these terms and conditions.6.2.2. fail to comply with the principal obligations arising from the contract and will not remove them within a period of 14 days despite a written warning.6.2.3. be late in arrears for more than 30 days (through, for example, non-collectable amounts via credit card, paypal and safetrust provider);6.2.4. be overindebted, insolvent or be in insolvency or similar proceedings. 6.3 Terminations must be made in writing in order to be valid.
7 News and Reviews by Interested Parties and Users
The user commits itself in messages, messages with other users, reviews or advertisements not to make a commercial advertisement for own purposes or for third. In particular, the advertisement for other internet offers or the application of fee-based service telephone numbers is excluded. 7.2 When contacting prospective customers with the user via the contact form, MedicaMarket stores all relevant data such as the ad number, e-mail address of the prospective customer and the customer number of the user as part of the transmission of messages. As soon as an interested party has sent a message to the user, it is possible for the interested party to evaluate this user. 7.3 Interested parties must use their correct name and email address when contacting users or writing reviews. Interested parties may not pretend to be another (legal) person, nor mislead or use any means of payment or data that is not theirs. 7.4 Interested parties and users have the opportunity to write reviews and news. The contents of these ratings and messages must not be illegal or infringe third parties, including in particular the obligation not to author illegal, offensive, threatening or privacy invading content. Also contents from software viruses are forbidden. Similarly, political campaigns, chain letters, advertising and other spam e-mails may not be written and sent by interested parties and users. MedicaMarket reserves the right to remove or edit this content.
8 Content and Sanctions
8.1 MedicaMarket is entitled to decide on the inclusion of the discontinued content at its own discretion and may refuse or delete content if it is illegal or contrary to the guidelines for the design of ads by MedicaMarket. Even if third parties complain about contents, MedicaMarket is entitled to remove the content immediately in order to avoid negative legal consequences. MedicaMarket does not need to review content complained about. 8.2 MedicaMarket has the right to immediately suspend the user's account, in particular if it repeatedly violates MedicaMarket's Ads Guidelines or has posted illegal content. A blocking by MedicaMarket can also occur if the user is in default of payment. Furthermore, a blocking is possible if there is another case of misuse of the database or exceeding of the rights of use. 8.3 MedicaMarket undertakes to contact the user before the blocking and is entitled to charge a fee of 45, - Euro for a re-activation.p
9 Responsibility for Content and Exemption of Claims
9.1 The user is responsible for ensuring that he / she has the necessary licenses, approvals or similar for the offered devices and products. 9.2 Only users are responsible for the accuracy and / or legality of content posted. MedicaMarket points out that it is a technical service provider and not an agent or agent of the advertiser or acting on the behalf of the user. With reference to § 7 TMG, MedicaMarket has no obligation to monitor the information transmitted or stored by it or circumstances that indicate illegal activities. 9.3 MedicaMarket shall be released by the user from all claims resulting from the infringement of the rights of third parties by an advertisement or other actions of the user on the internet platform provided by MedicaMarket. In this case, the user has to bear all costs incurred, including any necessary legal representation of MedicaMarket for, for example, a legal representation and all court costs
10 Liability (MedicaMarket)
10.1 In the context of this contract, MedicaMarket shall be liable for damages of the user which MedicaMarket or its legal representatives or vicarious agents caused intentionally or grossly negligently by the breach of a duty by MedicaMarket, which is essential for the achievement of the purpose of the contract (cardinal duties), or if these claims result from the Product Liability Act. 10.2 MedicaMarket is liable for damage caused intentionally or through gross negligence, or in the event of injury to life, limb or health. Incidentally, the claim for damages is limited to the foreseeable damage typical for the contract, in case of default to 5% of the order value. Liability under the Product Liability Act remains unaffected. MedicaMarket is only liable for the amount of typically foreseeable damage. This liability is limited to a maximum of € 10,000 or, in the case of financial loss, to a maximum of € 5,000. According to § 10.2, MedicaMarket is only liable in the amount of the damage which can generally be foreseen. Liability for lost profit by e.g. loss of data, indirect or consequential damages, e.g. even on software or hardware is excluded. 10.3 In the event of data loss of the user MedicaMarket is liable only to the amount of typical recovery costs. Furthermore, liability is only valid if the user can show that he has performed data protections such as backups, so that a data recovery with reasonable effort is possible. 10.4 In cases other than those set out in paragraphs 10.1 and 10.2, liability of MedicaMarket - regardless of the legal grounds - is excluded. If the liability of MedicaMarket is excluded, this also applies to the personal liability of employees, representatives and vicarious agents of MedicaMarket. 10.5 MedicaMarket is not responsible for the quality of the reproduction of images, including any discrepancies in color.
11 Liability (Users)
11.1 By using services on the MedicaMarket internet platform, the user undertakes that the advertisements (data, content) he publishes comply with the guidelines for advertising and that a violation of legal regulations, in particular those that affect copyright, competition law and trademark rights are excluded. Content may not be criminally relevant or credit-threatening. 11.2 Should the user not fulfill his obligations under section 11.1., the user is obliged to exempt MedicaMarket from any claim by third parties and shall also be obliged to reimburse MedicaMarket for the costs incurred in breaching the obligation (such as reasonable legal defense costs and damages).
MedicaMarket guarantees the user a platform availability of more than 90% per year for putting data into and retrieving data from the database. Times and measures in which the system is backed up (offline) do not count as times of availability. The same applies to interruptions due to force majeure or due to other causes and measures that are unavoidable by MedicaMarket.
13 Set-off and Rights of Retention
The user is entitled to the right of offsetting only if his claims are legally established or undisputed. Rights of retention arising from counterclaims arising from other legal transactions with MedicaMarket are not possible.
14.1 MedicaMarket reserves the right to change or modify these terms and conditions, for example if new or changed services or functions have to be taken into account. The changes must be reasonable for the user. 14.2 In the event of changes to the Terms and Conditions MedicaMarket will contact the user by email and point out that in the absence of a contradiction on the part of the user, the changes are considered as accepted after 4 weeks.
15 Final Provisions
15.1 The contract and the entire legal relationship between MedicaMarket and the user are subject to the law of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods. 15.2 Place of performance and exclusive place of jurisdiction is Hamburg, Germany. 15.3 There are no verbal or written side agreements or other agreements beyond these GTC. All ancillary agreements or other agreements and future changes and additions that go beyond these GTC must be in writing in accordance with § 126 Abs.1 and 2 BGB as well as the written confirmation by MedicaMarket. MedicaMarket agrees to the user's terms and conditions, which may conflict with those of MedicaMarket. 15.4 Insofar as individual provisions of these GTC should be incomplete or ineffective, the others shall remain unaffected. The contracting parties then undertake to find a statutory provision that fills in the gap or best replaces the ineffective provision. 15.5 With a notice period of 4 weeks, MedicaMarket may transfer all or part of its rights and obligations under this contract to third parties. The user is informed in this case and is then entitled to terminate the contract with immediate effect. 15.6 The English version of the GTC is a translation. Please notify that only the German version is legally valid.