direect

Conditions

General Terms of Use for Trading on the trading platform direect
The business relationship between direect and its members (hereinafter referred to as "User Relationship") is governed exclusively by the following General Terms of Use in their current version. If the member is an entrepreneur in the sense of the German Civil Code (BGB), direect does not recognize deviating terms and conditions of the respective member, unless direect has expressly agreed to their validity in writing.
Right of withdrawal for consumers:
Cancellation policy
Right of withdrawal
You have the right to revoke this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day of the conclusion of the contract. To exercise your right of withdrawal, you must inform us (Sparhi Gmbh a: Friedrichstr. 123 10117 Berlin, phone: +49 (0) 152 03943135, e-mail: [email protected]) by means of a clear declaration (e.g. a letter or e-mail sent by post) of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose, which is, however, not mandatory. To comply with the withdrawal period, it is sufficient that you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. If you have requested that the service begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the point in time at which you notify us of the exercise of the right of withdrawal with regard to this contract, compared to the total scope of the services provided for in the contract.
Sample cancellation form
(If you wish to cancel the contract, please fill out and return this form).
To: Sparhi Gmbh m: 0152 03943135 a: Friedrichstr. 123 10117 Berlin
I/we (*) hereby revoke the contract concluded by me/us (*) for the provision of the following service:
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of consumer(s) (only in case of paper communication)
Date
(*) Please delete where inapplicable.
End of the cancellation policy
§ 1 Principles
(1) Sparhi Gmbh m: 0152 03943135 a: Friedrichstr. 123 10117 Berlin is the operator of the trading platform direect.de (hereinafter referred to as "direect").
The main focus of the trading platform is the presentation of goods for sale and services for use (hereinafter referred to as "items") by the respective members (hereinafter referred to as "presentation") within the framework of a so-called online auction or an option buy-it-now (fixed price). Members can be all natural and legal persons and partnerships who have registered with direect (hereinafter referred to as "Member"). Transactions between the registered Members on the marketplace created by the trading platform can be consumer-to-consumer (C2C) transactions between private persons, business-to-consumer (B2C) transactions between traders and private persons as well as business-to-business (B2B) transactions between traders.
(2) direect merely provides the technical and organizational infrastructure in order to ensure the proper conduct of transactions on the marketplace.
(3) direect itself does not become a contractual partner of the contracts concluded exclusively between the members of this marketplace. The fulfillment of contracts concluded with direect also takes place exclusively between the members.
The members themselves are responsible for the compliance with legal requirements and the assertion of claims arising from the contracts concluded by them. direect in particular does not assume any warranty for
(a) the correctness and completeness of the information and statements made in relation to the offered items,
(b) the offered items as such, as well as
(c) the conduct and performance of the offering third party.
(4) Members are obliged to comply with applicable laws when using direect. It is each member's own responsibility to ensure that his or her presentations are lawful and do not violate the rights of third parties. Members may not use addresses, contact details and e-mail addresses obtained through the use of direect for any purpose other than contractual and pre-contractual communication. In particular, it is prohibited to resell this data or to use it for sending advertising unless the respective member has expressly consented to this in advance.
(5) The content published on direect by the respective members is generally not checked by direect and does not represent the opinion of direect.
A review of the data deposited during registration can only be carried out by direect to a limited extent. A guarantee for the correctness of the data deposited by the respective members can therefore not be given. It is therefore not excluded that incorrect contact data has been deposited for a member account. Each member must therefore convince himself of the identity of his contractual partner.
(6) If offers and contents are also to be displayed on mobile devices, direect has the right to technically edit, prepare and adapt offers and contents of members in such a way that they can also be displayed on mobile devices or software applications of third parties. The members themselves are responsible for the presentation of the offers on mobile devices.
§ 2 Membership, registration
(1) All natural and legal persons and partnerships may be members. Natural persons must be at least 18 years old and thus have unlimited legal capacity.
(2) Membership in direect requires registration as a member with agreement to these Terms of Use. Registration is free of charge. A member account is opened. Upon registration, a contract on the use of direect is concluded between direect and the member (hereinafter referred to as "User Contract"). There is no right to conclude a contract of use. The text of the contract is not stored by direect.
(3) The data provided by the member must be complete and correct. The given email address must be valid and reachable for the future. A registration with only temporarily reachable e-mail addresses is not permitted. The registration of a legal entity may only be made by a natural person authorized to represent the entity, who must be named. When registering, the member chooses a member name and a password. Admission is then granted by notifying the member accordingly by e-mail. The provision of false data entitles direect to immediately block the respective member and to terminate the user contract without notice.
(4) The member name must not violate any rights of third parties - in particular no name or trademark rights - and must not offend common decency.
(5) Entrepreneurs who offer goods or services to consumers are obliged to indicate this in the registration process by registering as a commercially acting member.
(6) If the data provided changes after registration, the member himself/herself is obliged to correct the information in his/her membership account immediately.
(7) The member undertakes to ensure that no unauthorized third parties obtain knowledge of his/her password. If this nevertheless occurs or if the member has corresponding indications for this, the member is obligated to inform direect immediately. Members are generally liable for all activities that are carried out using their member account.
(8) direect will not disclose a member's password to third parties and will never ask a member for his or her password by e-mail or telephone.
(9) A direect membership is not transferable. Each natural or legal person may only register once with direect. Multiple registrations are only possible with the prior consent of direect.
(10) In principle, there is no right to admission.
§ 3 Blocking, Termination
(1) If there are concrete indications that a member violates legal regulations, the rights of third parties, the direect terms of use or the direect principles, direect can take the following measures - taking into account the legitimate interests of the respective member - at its own discretion:
1. delete offers or other content,
2. limit or restrict the use of the marketplace.
3. warn members,
4. temporarily block the member's account.
(2) Facts which are suitable to justify a termination of the user relationship without notice also justify a permanent blocking of the member account. Facts justifying termination without notice exist in particular if
1. the member has made false statements during the registration process
2. there is recognizable misuse of the trading platform
3. the functionality of the trading platform is damaged or impaired by the member,
4. or there is a breach of other statutory provisions, third-party rights or the direect Terms of Use.
(3) In the event of termination by direect, the Member is not entitled to re-register with direect and may not use any other Member accounts.
(4) Members may terminate this User Agreement at any time. For the termination declaration, the termination form must be sent to customer service. Alternatively, consumers may use text form for their termination declaration. For security reasons, the declaration must then be sent from the e-mail address stored with direect for the member account.
(5) Separate notice periods apply to direect stores: direect store monthly subscriptions can be canceled with a notice period of 30 days to the end of the current billing period. For annual subscriptions, the notice period is 1 month to the end of the 12th month. The subscription will be renewed for the previously agreed term, i.e. either for a further month or for a further 12 months as long as no notice of cancellation is given. The reimbursement of already due subscription fees for an interrupted billing period is excluded.
(6) direect may terminate the user contract at any time with a notice period of 2 weeks to the end of the month. The rights from paragraph 1 remain unaffected.
§ 4 Conclusion of Contract
(1) If a member posts an item on direect (hereinafter referred to as "presenter"), this constitutes an invitation to submit an offer to purchase or use it.
(2) The offer is made by electronic declaration to direect.
(3) Acceptance of the offer is effected by electronic declaration via direect.
(4) direect is the acceptance agent when accepting the offer and the messenger when submitting the acceptance.
(5) In the case of the "buy-it-now auction" and "store item" offer formats, the declaration of acceptance must be made to the first bid received and in all other cases exclusively to the highest bid. In the case of the offer option "Suggest price", the presenter is free to accept any offer.
§ 5 Use of stored data, data protection
(1) Within the scope of the services on direect.de, direect has access to various information about users, including personal data. This includes, in particular, information that users transmit to direect in the context of the services used on direect.de (including contact data and product data) as well as data that is generated in the course of transactions carried out on direect (including communication between users and rating assignments, sales statistics).
(2) direect only discloses information about users to third parties if this is necessary to provide the services on direect or if direect is legally or contractually entitled to do so.
(3) After termination of the user contract, direect retains information only as long as direect is legally obligated to do so or has a legitimate interest in doing so. All other data provided by the user or generated by his use will be deleted from his account. Aggregated data (e.g. category-related sales statistics) or data of the member concerning his or her actions on the platform (e.g. the member name and the respective rating profile as well as the rating comments left by a member for other direect members) may be made available to all visitors by direect even after termination of the membership or blocking. This data will generally continue to be stored after the end of the contract.
(4) direect informs about the collection, processing and use of personal data by direect including the transfer to third parties and the rights of the user as a data subject in its privacy policy.
§ 6 Liability
(1) direect is liable for damages, except in the case of breach of essential contractual obligations, only if and to the extent that direect, its legal representatives, executive employees or other vicarious agents are guilty of intent or gross negligence. In case of breach of essential contractual obligations, direect is liable for any culpable conduct of its legal representatives, executive employees or other vicarious agents. The claim for damages for the violation of essential contractual obligations is, however, limited to the foreseeable damage typical for the contract, unless there is intent or gross negligence or liability for injury to life, body or health. Liability for compensation of indirect damages, in particular for loss of profit, exists only in case of intent or gross negligence of legal representatives, executive employees or other vicarious agents of direect. In all other respects, direect's liability is excluded.
(2) The aforementioned exclusions and limitations of liability towards entrepreneurs or consumers do not apply in the case of the assumption of explicit guarantees by direect and for damages resulting from injury to life, body or health as well as in the case of mandatory legal regulations.
(3) Liability for consequences of technical defects (cf. § 7 para. 2) - no matter what kind and for what reason - is excluded.
§ 7 Warranty
(1) direect merely provides the technical and organizational infrastructure in order to ensure a proper course of business on the marketplace. direect is not involved in the contracts concluded on this platform. direect does not assume any warranty and/or guarantee for the description, characteristics, prices, availability, legal admissibility of the presentations as well as the behavior of the contracting parties.
(2) Data communication via the internet cannot be guaranteed to be error-free and/or available at all times according to the current state of technology. It is not possible to develop and operate computer programs (software) and data processing systems (hardware) completely free of errors and to exclude all imponderables in connection with the medium Internet (hereinafter referred to as "technical defects"). Therefore, direect does not guarantee and cannot guarantee the constant and uninterrupted availability of its websites and technical systems.
(3) direect does not guarantee that technical services offered by direect (e.g. the automatic creation of invoices and delivery bills within the framework of the direect store systems) are available without errors at all times and/or are available at all times. direect endeavors to create invoices and delivery bills correctly, but the member is responsible for the correctness of the data on the invoices and delivery bills.
(4) If the websites of direect are technically or actually not available due to maintenance or other reasons for which direect is responsible, direect reserves the right to change or extend the duration of running articles at its own discretion.
§8 Releaseb
(1) The member indemnifies direect from all claims asserted by other members or other third parties against direect due to infringement of their rights by presentations and contents posted by the member in direect or due to the member's other use of the marketplace (including the ratings submitted by the member). In particular, this applies to all images, image sequences, texts, videos, trademarks, which sellers use in the context of their presentation. In this case, the member also assumes the costs of the necessary legal defense of direect, including all court and attorney fees. This does not apply if the member is not responsible for the infringement.
(2) The Member is obligated to provide direect immediately, truthfully and completely with all information necessary for the examination of the claims and a defense in the event of a claim by third parties.
§ 9 System Integrity
(1) Members may not use any mechanisms, software or other routines in connection with the use of direect that may interfere with the functioning of direect or that place an unreasonable or excessive load on the infrastructure of direect.
(2) The content stored on direect may not be copied or distributed, used or reproduced in any other way without the prior consent of the rights holder. This also applies to copying by means of "robot/crawler" search engine technologies or by other automatic mechanisms.
§ 10 General principles for acting on direect
(1) The presenter sets a price when setting up his presentation
(2) The presenter also determines the duration of his presentations. For the determination of the end of the offer duration, only the system time clock of direect is authoritative.
(3) An offer by a member expires only by a subsequent, higher offer by another member, unless the presentation is a buy-it-now option (fixed price). Offers that are received after the presentation period has expired or do not reach the fixed starting price are invalid.
(4) The Presenter undertakes to provide truthful information in the presentation within the scope of the product or service description about ownership, power of disposal, delivery period, and in the case of fixed price offers additionally about any existing delivery reservation as well as payment processing of the offered goods or services. This information is binding. Defects that not only insignificantly reduce the value of the goods or services may not be concealed. In addition, full information must be provided on the details of payment and delivery.
(5) The price of the respective presentations is understood to be the final price including any applicable value added tax and other price components. The sales price does not include delivery and shipping costs.
(6) The description of an item may not contain any advertising for other items and any reference (link) to other sources of information (e.g. websites) that do not exclusively describe the item offered. Product photos may not contain watermarks, logos or text components of the member and may only show the product itself. It is prohibited to manipulate the search functions, for example by improperly inserting brand names or search terms into the item name or description.
(7) Multiple settings of identical or similar articles are to be refrained from. This applies to multiple settings in the same or different categories. Each article may only be set once. Should there be a large number of identical or similar articles, this is to be shown by stating the number of items in the respective presentation.
(8) When using direect, members are obliged to follow the applicable laws as well as the further rules for acting on direect. It is the responsibility of each member to ensure that his or her presentations and content are legal and do not violate the rights of third parties. This also applies to the item description as well as the images used in it. direect has a claim against the member for indemnification from claims of third parties, which they assert due to the violation of a right by the member. The presenter assures direect as well as all members who submit an offer during the presentation period that
(a) he may transfer ownership of the goods immediately after the conclusion of the contract,
(b) in the case of goods, he may freely dispose of them,
(c) in the case of goods, he will not dispose of them in any other way until the end of the next but one working day after the end of the offer period, and
(d) the item is not encumbered with the rights of third parties, and
(e) no copyrights, patents, trademarks, trade secrets or other industrial property rights, personal rights or data protection rights of third parties are infringed.
(9) In order to ensure proper performance of the presentations, direect is entitled, without giving reasons, to assign presentations to
(a) to assign a product category other than the one selected by the presenter, or
(b) not to include them in the presentations or to remove them from the list of offered items at any time at a later date.
(10) Entrepreneurs who offer goods or services to consumers are obliged to provide them with the legally required consumer protection information and to inform them of the statutory right of withdrawal, if such a right exists.
(11) Relatives or related persons of a presenter are not entitled to submit offers for the presenter's items. Bidding agreements among members are likewise inadmissible. In case of violations, the persons concerned will be excluded from the trading platform direect without prior warning.
(12) direect expressly reserves the right to shorten or extend the duration of online auctions at its own discretion or to cancel events without concluding a contract (to delete auctions). Bidders have no claim to subsequent positioning of a bid or replacement of an item not purchased as a result. Presenters are not entitled to compensation for damages if a bidder is unable to bid on or immediately purchase items due to the action described in sentence 1. This shall also apply in the event of a system failure.
(13) If a presentation is deleted by direect before the end of the auction or before the offer has been purchased via the Buy-It-Now option (fixed price), no effective contract is concluded.
(14) Rights of Use, Copyright, Licenses
Members transfer to direect a royalty-free, unlimited, comprehensive right of use, in particular to reproduce, distribute, edit all works or parts of works as well as databases or any other catalog or product information that members transmit to direect in the context of the online offer, including the right to publish this content in print media, online, apps, etc., also for advertising purposes. Excluded from this are protected trademarks and signs. The member guarantees to be authorized to dispose of the rights granted to direect by this contract, in particular the required copyrights and other rights of use. Furthermore, the member guarantees that the rights of third parties will not be violated by the contractual exploitation of the contents.
(15) Users can sort search results according to various criteria. If the user does not select any criteria, the order in which the search results are displayed shall be based on these main parameters. In order to improve the ranking of individual products, paid special options can be booked. These items are marked separately as "top items" in the results lists. In our help section you can also find more information on how to optimize the ranking for sellers.
§ 11 Evaluation System
(1) direect maintains within its trading platform an evaluation system structured according to member names, in which the respective contracting parties have the possibility to give a short critique about their contracting party regarding their satisfaction with the handling of the transaction.
Trading via the Internet involves risks inherent in the nature of the medium. As it is difficult to identify members on the Internet, direect cannot guarantee that each member is actually the person he or she claims to be.
(2) Members are obligated to provide only truthful information in the ratings they submit and to comply with legal requirements. The evaluations submitted by members must be factual and may not contain abusive criticism.
(3) direect assumes no liability for the accuracy of the content of these ratings. The ratings are not checked by direect and may be inaccurate or misleading.
(4) direect is entitled, at any time and at its own discretion, to delete or change ratings that have already been submitted.
(5) Any use of the rating system that does not exclusively serve the purpose of an honest and factual rating is prohibited. In particular, it is prohibited to,
(a) to submit inaccurate evaluations,
(b) to make evaluations about oneself or to cause third parties to do so,
(c) to include circumstances in evaluations that are not related to the execution of the underlying contract,
(d) to use ratings outside of direect.
(6) direect may make the respective member name and the respective rating profile as well as the rating comments left by a member for other direect members accessible to all visitors on direect in principle, even after termination of membership or blocking by direect.
§ 12 Fees and Commissions, Offsetting
(1) In principle, registration as a member on direect is free of charge.
(2) direect does not charge fees for the submission of bids and declarations of acceptance or for the purchase of items.
(3) direect does not charge any bidding fees when posting items.
(4) direect charges separate fees and commissions for use beyond paragraph 2, taking into account the selected special options or additional services and depending on the private or commercial use of the service. The amount of the fees and commissions is determined exclusively by the current fee schedule of direect, which is part of the contract of use between direect and its users.
(5) Users are prohibited from circumventing the fee structure of direect. This concerns in particular:
Presentations instructing purchasers not to buy but to contact the presenter to make the purchase outside of direect,
Offering practices that aim to make a sale outside of direect,
Presentations that are posted in the wrong category to avoid any existing fixed fees of the correct category,
Presentations via a private member account, but which is obviously intended to disguise a commercial sales activity,
Presentations in which other items - identical items or variations of the offered item - are offered for sale in the item description.
(6) direect can change the fees at any time. Price changes will be communicated to the members in due time before they come into effect in the member area on the direect website under "News and Changes" as well as announced in the fee overviews. The notification will be made at least 1 week before the change and will remain switched on for 2 further weeks after the change has come into effect.
(7) direect also offers "direect-Shops" as an additional service for commercial sellers. For this service, direect charges a subscription fee according to the current price list. This fee will be invoiced monthly or annually in advance according to the selected payment method.
(8) Shop items are additionally displayed free of charge in the direect auction lists as buy-it-now auctions with a term of 14 days. After this period has expired, direect automatically re-lists the item until it is sold or deleted. If special options with costs have been chosen, they will be due again after expiration and re-setting of the auction.
(9) When presentations are restarted automatically or manually, fees from all selected special options will be due again.
(10) Bookings of special options are generally not success-dependent and will be charged to your direect account immediately after an item has been placed.
An overview of the direect account balance can be viewed at any time under My direect/Account balance. A refund of fees for special options in case of unsuccessful expiration or premature termination of a presentation is excluded.
(11) The member will receive an invoice for booked services by e-mail to the e-mail address provided. The invoice amount is due immediately. Members are in default without further reminder after a period of 30 days after notification of the invoice amount in the seller's account. However, the required invoice amount will be collected from the member's account by direct debit or by a payment service provider at the earliest 3 days after the invoice has been sent.
(12) If the collection of the claim fails, for example in the case of a return debit note, the member must reimburse direect for the additional costs incurred, insofar as the member is responsible for the failure.
(13) Members may only offset claims of direect against claims from credit notes not yet issued and against due and/or future claims if these claims have been legally established or are undisputed.
§ 13 Text Form, Applicable Law, Place of Jurisdiction
(1) All declarations transmitted within the scope of the contract of use to be concluded with direect must be made in text form, for example via e-mail. The e-mail address and the postal address of direect can be found on the contact page. direect reserves the right to change the above e-mail address at its own discretion. In this case, direect will inform the user about the change of the e-mail address. The postal address as well as the e-mail address of a user are those that were provided by the user as current contact data when registering.
§ 13 Text Form, Applicable Law, Place of Jurisdiction
(1) All declarations transmitted within the scope of the contract of use to be concluded with direect must be made in text form, for example via e-mail. The e-mail address and the postal address of direect can be found on the contact page. direect reserves the right to change the above e-mail address at its own discretion. In this case, direect will inform the user about the change of the e-mail address. The postal address as well as the e-mail address of a user are those that were given as current contact data when the user registered.
(2) As far as the user is an entrepreneur, the contract of use including these terms of use is subject to the substantive law of the Federal Republic of Germany under exclusion of the UN Convention on Contracts for the International Sale of Goods. If the user is a consumer, the contract of use and these terms of use are subject to the law of the country in which the consumer has his habitual residence.
(3) Insofar as the User is an entrepreneur, any provision of these Terms of Use that is invalid shall not affect the other provisions. The invalid provision shall be deemed to be replaced by a provision that comes as close as possible in economic terms to the meaning and purpose of the invalid provision in a legally effective manner. The same applies to any loopholes.
(4) For users who are merchants in the sense of the German Commercial Code, a special fund under public law or a legal entity under public law, the registered office of direect Media GmbH is the exclusive place of jurisdiction for all disputes arising from the contract of use and the direect Terms of Use. direect is also entitled to file suit at the general place of jurisdiction of the customer.
§ 14 Changes to these Terms of Use, Severability Clause
(1) direect reserves the right to change these General Terms of Use. direect will notify all registered users of such a change by e-mail to the e-mail address noted in the user record. If the new Terms of Use are not objected to within 15 days (objection period) after notification or if the member access continues to be used after the expiration of this objection period, they are considered accepted. direect will point this out again separately in the notification e-mail. All offers and bids already in progress at the time the new Terms of Participation come into effect remain unaffected by the change - these are subject to the Terms of Participation in effect at the time the offer was entered. In the event of an objection, the contractual relationship shall end at the time the new General Terms and Conditions of Use come into force.
(2) The affected user has the right to terminate the contract with direect before the end of the period. A corresponding termination shall take effect within 15 days after receipt of the notification, unless a shorter period applies to the contract. The users concerned may waive the period referred to in the second subparagraph at any time after receipt of the notice, either by a written declaration or by a clear confirming act. The posting of new goods or services in the Online Mediation Services before the expiry of the time limit shall be considered as an unambiguous confirmatory act waiving the time limit, except in cases where the reasonable and proportionate time limit is more than 15 days because the User needs to make significant technical adjustments to its goods or services due to the changes in the General Terms and Conditions. In such cases, the posting of new goods and services by the User shall not automatically be deemed a waiver of the time limit.
(3) The time limit according to subparagraphs 1 and 2 does not apply if direect
a) due to legal or officially ordered obligations, direect has to make changes to the general terms and conditions in a way that does not allow to meet the mentioned deadline;
b) in exceptional cases, direect has to change its General Terms and Conditions to avert an unforeseen and imminent danger in order to protect the online mediation services, consumers or commercial users from fraud, malware, spam, violations of data protection or other cyber security risks.
(4) The remaining parts of the contract shall remain in force even if individual points are legally invalid. This shall not apply if adherence to the contract would represent an unreasonable hardship for one party.
(5) Insofar as a provision of these Terms of Use is invalid, the remaining provisions shall remain unaffected. The invalid provision shall be deemed to be replaced by a provision that comes as close as possible in economic terms to the meaning and purpose of the invalid provision in a legally effective manner. The same applies to any loopholes.
The terms of use for payment processing and buyer protection on direect.de, which only apply to you if you use payment processing as a buyer or seller, can be found here.
Note on Alternative Dispute Resolution pursuant to Art. 14 (1) ODR Regulation and § 36 VSBG:
The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers... can be found. However, we are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

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