Terms and Conditions
Product Exchange for the marketplace, for facilitating contacts and arranging for the purchase and sale of goods via BaceB.
Sec. 1 Subject-matter of Agreement
- Product Exchange, hereinafter referred to as the Provider, operates a marketplace for facilitating contacts and arranging for the purchase and sale of goods.
- The Provider enables users to trade directly with each other as sellers and buyers. The Provider does not itself act as a seller or buyer.
- The Provider’s General Terms and Conditions (“Product Exchange”) shall apply exclusively. Any terms and conditions of users which conflict with or depart from these Product Exchange are not acknowledged unless the Provider has expressly agreed to them in an individual case.
- They shall apply exclusively to entrepreneurs. Within the meaning of these Product Exchange, an “entrepreneur” is any natural person or legal entity or partnership with legal capacity acting in the exercise of its commercial or independent professional activity when placing an order.
Sec. 2 Amendment
The Provider reserves the right to amend these Product Exchange at any time without the need to furnish reasons. The Provider will inform the user regarding any amendment to the Product Exchange at least four weeks before it comes into effect and shall forward such amendments to the user. If the user does not object to the amended Product Exchange within 2 weeks of his or her having received notification of the amendment, then the amended Product Exchange shall be deemed accepted. If the user objects to the amended Product Exchange within the time limit, the Provider shall be entitled to terminate the Agreement at such time as the amended Product Exchange are to come into force, or may continue under the previous terms and conditions.
Sec. 3 Registration
- Registration on the online marketplace is required for posting of advertisements. Such registration is free-of-charge. When registering, the user must select his log-in and password himself.
- There is no right on the part of users to conclude a user contract. The Provider reserves
the right to refuse or cancel the conclusion of a user contract without the need to furnish
reasons, in particular because
- the user provided false information at the time of registration
- there are doubts regarding the legal existence of the user
- there have been breaches of the General Terms and Conditions.
- The user undertakes to inform the Provider immediately of any changes to the data provided during registration.
Sec. 4 Costs
- The posting, editing and deletion of goods on the marketplace is initially free-of-charge.
- A commission is payable for each buy/sell order and/or for the display of contact details; the amount of the commission is displayed beforehand.
- Monthly commissions are added up once per month for the previous month and invoiced to the user. The invoice is due for payment immediately without any cash discount deductions.
Sec. 5 Rights and duties of the user
- The user undertakes not to advertise whatsoever for offers which are not posted as an advertisement with the Provider.
- A registered user has the option of posting advertisements on the online marketplace of the Provider himself/herself through that user’s account.
- The user undertakes to provide truthful information regarding the item being offered in the advertisement in question and to keep such information up to date at all times. If posted items are no longer available, the user must delete the offers in The user undertakes to provide truthful information regarding the item being offered in the advertisement in question and to keep such information up to date at all times. If posted items are no longer available, the user must delete the offers in question.
- The user undertakes to refrain from offering readers the option of contacting him/her via so-called value-added telephone services
- The user undertakes to ensure that his/her log-in and password are protected against unauthorised access by third parties.
- Any misuse of the log-in or password of which the user becomes aware or has a fact-based suspicion must be reported immediately to the Provider.
- The user is responsible for the content, in particular for the completeness and correctness
of his or her advertisement. The advertisement is published automatically without further
verification by the Provider. The user must not post any advertisements that violate
applicable law or offend public decency, in particular, users may not post advertisements
- infringe on the rights of third parties, in particular intellectual property rights, copyrights, name or trademark rights
- contain material that glorifies violence or is of a pornographic nature or otherwise violates the provisions of the Criminal Code
- contains viruses, Trojan horses or other programs and/or which are capable of damaging data or systems, secretly intercepting or deleting data
- contain products which may not be sold, bought or offered to the public or the possession of which violates applicable law.
- 8. The user may only place advertisements in his/her own name and not on behalf of third parties.
- The user shall bear all costs incurred by him/her in setting up or changing his/her Internet connection, in using the public communications network and in acquiring and maintaining the communications devices required to use the platform.
- If a third party asserts a claim against the Provider for injunctive relief, removal, provision of information, compensation for expenses or damages as a result of content uploaded by a user, that user shall indemnify the Provider and hold it harmless against the expenses incurred, including the reasonable costs of the Provider’s legal defence. If it is disputed whether a third party holds a valid claim and if the user asserts that the claims do not validly exist, the user may avoid a claim for recourse by furnishing the Provider with sufficient security for defending against such claims covering litigation costs and advances on claims for damages, and by joining the dispute as an intervenor.
Sec. 6 Rights and obligations of the Provider
- The Provider operates an online marketplace for establishing contacts and arranging for the purchase and sale of goods.
- The Provider reserves the right to delete advertisements from the marketplace if the content of the advertisement in question violates sec. 5 (8) of these Product Exchange./herself through that user’s account.
- The Provider reserves the right to deactivate or, if necessary, delete advertisements if outstanding invoices are not paid.
- The Provider reserves the right to block and/or delete access data of users if they violate the terms set out in sec. 5 (8) of these Product Exchange.
- With respect to photographs taken in connection with the advertisement service, the Provider has the exclusive, geographically and temporally unlimited right of use to such works.
Sec. 7 Disclaimer of liability and warranty
- The Provider shall not be liable for claims arising from the fact that the online marketplace is temporarily unavailable to the user, in particular due to maintenance work, provided that the downtime per calendar year does not exceed a total period of more than 1% of a year and that there has been no intentional act or gross negligence in the case of longer downtimes.
- The Provider is not liable for the accuracy and/or completeness of the advertisements uploaded by users to the online marketplace.
- In particular, the Provider dissociates itself from the content of all Internet links connected to the offer, the content thereof and authors thereof and assumes no liability for the content, transactions or losses occasioned by such links.
- The Provider’s liability for defects in principle is governed by the statutory provisions of the law governing sales or contracts for works and services.
- The Provider shall, as a basic principle, have no liability for damages caused by slight negligence.
- The limitations on liability pursuant to the sub-sections above shall not apply to losses arising from injury to life, limb or health, fraudulent concealment of defects, claims under the Product Liability Act, cases of intentional acts and gross negligence as well as where there has been a breach of obligation, the fulfilment of which is the sine qua non for proper performance of the contract and on compliance with which a customer may ordinarily rely.
Sec. 8 Final provisions
- Should individual terms of this Agreement be found to lack legal validity in whole or in part or lose their validity at a later time, the validity of the remainder of this Agreement shall not be affected thereby.
- Jurisdiction and venue for all contracts made on the basis of these General Terms and Conditions shall lie with the courts at the location of the Provider’s registered office, provided that the user is a ‘merchant’ within the meaning of the German/UK/US/MY Commercial Code.
- The parties hereby agree that their relations shall be governed by German/UK/US/MY law, provided that the user is an entrepreneur.