General Terms of Business
General Terms of Business for baupool Users
These terms govern the use of the www.baupool.com internet exchange of construction machinery, c/o LV digital GmbH, Hülsebrockstr. 2, 48165 Münster, Germany (hereinafter referred to as ‘baupool’):
These General Terms of Business govern the provision of on-line media services by baupool for use by advertisers and potential buyers of agricultural and construction machinery. The services provided by baupool include the provision of an input mask for writing advertisements and for clearing content that was previously posted with the help of such input masks for publication on the Internet and for providing Internet Users for an agreed period with access to these advertisements created based on the baupool databases.
- Acceptance of General Terms of Business
By using baupool, advertisers and potential buyers accept our General Terms of Business. baupool shall not accept any diverging or contradictory terms and conditions imposed by the client unless such terms and conditions were expressly agreed upon in written form. The terms herein shall be applied to follow-up orders as well as to sustained business relationships.
Users are legal persons and natural persons as well as partnerships of unrestricted legal capacity. Persons under age eighteen do not have permission to advertise in baupool. The User shall be obliged to give full and truthful statement of all information pertaining his/her person and the advert. baupool shall merely provide the databases, i.e. the technical environment, for posting the advertisements. baupool shall not impinge on the content of the advertisements. Notably, baupool shall not act as advertiser of the posted contents.
The User is obliged to ensure that user name and password remain confidential and are not made available to third parties. In addition, the User is obliged to inform baupool immediately when there is a suspicion of potential abuse of this information.
baupool reserves the right to ban Users from using baupool when they offend against these Terms of Business.
- Registered dealers (Access to agriVIP user group)
To register as an agriVIP to the closed user group (agriVIP), Users shall produce a copy of their business licence in proof of their business activities as farm or construction machinery dealer or manufacturer. This proof shall be provided in the form of an excerpt from the trade register, for example.
- Prices and termination of contract
Notice of termination of an AgriVIP membership shall be given 4 weeks before the membership expires. All notices of termination shall be made in writing.
- Registered dealers (Access to agriVIP user group)
The price for a single advertisement is Euro 9.90 incl. 19% VAT. Each advertisement shall be published for a maximum of 28 days. This period may be extended for another 28 days as a maximum and such extension shall be charged with Euro 6.90 incl. 19% VAT. Users may edit an advert up to 6 times during the period of publication.
The ‘Top Advert’ option (Euro 10 incl. 19% VAT) ranks the advert at the top of a hit list. The price for highlighting an advert in different colours is Euro 6.90 (incl. 19% VAT).
Advertisements must not contravene applicable law by word, content or purpose. baupool reserves the right to refuse, modify or delete advertisements and also reserves the right to permanently ban individual sellers from using baupool. The following types of advertisements shall not be permitted: Advertisements in which traders offer to buy machinery; advertisements that show a photo of a different machine than the one described; advertisements that market a machine that is not physically available at the advertiser's premises; advertisements that state a website address only; advertisements that market more than one machine; all advertisements containing untrue or unlawful content.
Machines or items that are not published in the correct category shall be deleted.
Any errors in the machine data or personal information shall be corrected immediately.
The retail price of a machine or item shall always be the realistic gross price including VAT.
All items that are no longer on sale shall immediately be deleted from the baupool database.
- baupool provides a platform for Users to sell or search items. The content of this platform shall be provided by Users themselves. Responsibility for the content of the advertisement rests solely with the User: baupool shall not verify the content, neither for completeness nor for correctness, and therefore shall not warrant completeness or correctness of any content. Users shall indemnify baupool from all claims raised to baupool by third parties who see their rights violated by their advertisement(s) or by any other use of the website by the User.
- Companies shall hold baupool responsible for damages only in the event baupool is charged with intent and gross negligence, except for the event that baupool commits a fundamental breach of contract. In this case, baupool shall be held responsible for any and each culpable behaviour. baupool shall warrant responsibility to consumers solely for intent and gross negligence – except for the event that essential contractual duties were violated, debtor’s delay or baupool’s impossibility of performance. Except for intent or gross negligence, baupool’s liability shall be limited to damage that is to be expected according to the usual course of events. baupool shall be responsible for indirect damage, notably lost profits, only in the event of intent and gross negligence.
- Data storage
baupool Users agree that their information is stored and processed within the framework of this business relation.
The data stored for the purpose of the business relationship shall be handled in accordance with applicable data protection regulations.
The scalable, central measurement procedure
Our website uses the scalable, central measurement procedure (Skalierbare Zentrale Messverfahren – SZM) devised by the company INFOnline (https://www.infonline.de) for the calculation of statistical data on the use of our offers. The procedure generates anonymous data. To recognise computer systems, SZM uses either a cookie with the password ivwbox.de or a signature that is created from various data transmitted automatically by your computer. The procedure does not save IP addresses and only processes them in anonymised form. This audience measurement technique was developed in compliance with data protection laws. The goal of audience measurement is to statistically determine a website’s usage intensity and number of users. At no point are individual users identified. Their identities are always protected and they receive no advertising via the system. The usage statistics are published monthly by the Working Group for Online Media Research (Arbeitsgemeinschaft Online-Forschung e.V. – AGOF – www.agof.de), the Arbeitsgemeinschaft Media-Analyse e.V.(media analysis working committee – ag.ma – www.agma-mmc.de) and the Informationsgemeinschaft zur Feststellung der Verbreitung von Werbeträgern e.V. (association for determining the extent of advertiserexposure –IVW – www.ivw.eu) for website providers who are members of the IVW or participate in the ‘Internet facts’ study produced by AGOF. The statistics can be consulted at http://www.agof.de, http://www.agma-mmc.de or http://www.ivw.eu. As well as the publication of data, the IVW also regularly checks the SZM procedure’s compliance with regulations and data protection laws. For further information on the SZM procedure, please consult the website https://www.infonline.de for INFOnline GmbH, which operates the SCM procedure, the AGOF data protection website http://www.agof.de/datenschutz and the IVW data protection website (http://www.ivw.eu).
- Copy right and rights of use
All information, company logos, texts, programs and pictures are subject to copyright law. Any further processing and use in media of any kind shall be subject to the prior written consent of the individual owner.
- Rendering/Reservation of Service
baupool shall have provided its service after the Internet program has operated for an average of at least 90% in any one year. All services shall be rendered exclusively to available economic and technical capacity. Moreover, baupool shall be entitled to suspend its service for important reason, such as e.g. force majeure, industrial disputes.
- Written Form and Validity
Any terms that diverge from or supplement these terms, any collateral work or any modifications to these terms as well as changes to the performance descriptions shall not be applicable unless agreed in written form.
- Changes to these Terms of Business
Any changes to these Terms of Business shall be made public at the baupool web site.
- User claims / cut-off periods / period of limitation
All User claims against baupool arising from potential defects shall be made in written form. All claims shall be asserted within a cut-off period of twelve months. After twelve months have passed, the claims of the User become statute-barred.
- Cancellation policy
Consumers in terms of statutory provisions may revoke this contract from baupool in written form within 2 weeks after it was entered without stating the reason; the period of notice shall be satisfied by posting the revocation in due time.
This right of revocation shall expire at the moment the User’s advertisement is published at the baupool website, hence when the User is using the baupool services.
- Place of jurisdiction
The contract for the transfer and use as well as these terms of business are exclusively governed by the law of the Federal Republic of Germany. The place of fulfilment is Münster/Westphalia.
Provided the User is a registered merchant, the place of jurisdiction is Muenster/Westphalia, Germany. This shall also apply to Users who do not have their place of residence outside Germany or to Users with place of general jurisdiction outside Germany.
- Separability Clause
Should provisions of these Terms of Business be wholly or partly invalid, or should there prove to be an omission, this shall not affect the validity of the remaining provisions. In this event, the parties shall undertake to achieve the intended purpose by agreeing on a substitute provision.