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§ 1 Scope (1) These terms and conditions apply to all between the fullmobile.de/com, Gottlieb Dunkel str. 43 – 44 12099 Berlin – Germany (hereafter “fullmobile.de/com”) and the dealer or private user of the fullmobile.de teleservice (hereinafter referred to as “customer”) in the context of the use of the databases on the portal fullmobile.de (hereinafter ” Database “) arising legal relationships. (2) Conflicting or deviating conditions of the customer are not valid.
§ 2 Services of fullmobile.de, limitation of uses (1) The database operated by fullmobile.de contains advertisements about used vehicles. The offer of the corresponding teleservice of fullmobile.de is aimed at customers in the territory of the Federal Republic of Germany. (2) Fullmobile.de/com grants their merchants and private customers the currently free online access to the content stored in the database via the “SEARCH” section in accordance with these General Terms and Conditions, as well as the partially paid setting via the “Advertise” section own content in the database. Fullmobile.de is not an intermediary, not a buyer or seller and not a representative of the buyer or seller of the items stored in the database. (3) The maintenance and further development of the online service may temporarily restrict or interrupt the use and / or access to the service.
§ 3 Posting content to the database (1) The inclusion of content in the database requires the unrestricted ability of the customer to do business. (2) Before the content is posted, the customer must register. The customer is obliged to provide truthful information when registering. For the personal data of the customer collected at registration, § 10 of these General Terms and Conditions applies. (3) After registration and simultaneous cessation of the automobile named by the customer, this offer is valid immediately on the internet site of fullmobile.de/com. (4) The validity period per content or advertisement is not limited.
§ 4 Requirements for Contents (1) Only reputable sales and exchange offers may be placed in the appropriate body shape in the database. Other content, such as, in particular, purchase offers, search orders, decoy offers, offers for vehicle rental or vehicle leasing, offers for vehicles over which the customer is not currently authorized to dispose of the goods, are inadmissible. (2) The customer undertakes to truthfully describe the content intended for inclusion in the database in accordance with the specifications in the input mask provided by fullmobile.de. Errors and other circumstances that not only reduce the value of the object of purchase insignificantly must not be concealed. The use of optional fields (for example, the setting of image files) is optional for the customer. The setting of image files that do not exclusively reproduce the vehicle offered by the customer is prohibited. When setting image files, fullmobile.de is not responsible for the quality of the reproduction, especially not for color deviations. (3) The specification of service telephone numbers whose dialing is directly or indirectly associated with special charges for the caller, in particular numbers with the prefix “0190” or “01805” and numbers from agencies, is not permitted. Corresponding information will be deleted by fullmobile.de immediately and lead to the permanent exclusion of the customer from access to the offer of fullmobile.de/com. (4) The cessation of content by the customer in the name of third parties without their express prior consent is inadmissible. In particular, no telephone numbers or addresses may be entered into the database without the consent of the person concerned. (5) Personal notices in the sections provided for this purpose must be written in factual form and must not contain any illegal content. In particular, the rating of other customers with unlawful content (for example, abusive criticism, insult, etc.) is inadmissible.
§ 5 Responsibility for content (1) The customer is responsible for the content he has set himself. In particular, he warrants that the contents are not unlawful and do not violate any third party rights (such as copyright and trademark rights). Fullmobile.de is not obligated to check whether a content placed on third party rights affects or violates objective law.
§ 6 Search (1) The access and the search in the database is free for the customer. (2) Fullmobile.de reserves the right to limit or block the customer’s access to the database at any time. This applies in particular to customers who, in the course of their research, respond to advertisements in which service telephone numbers whose dialing is directly or indirectly linked to special charges for the caller (in particular numbers with the prefix “0190” or “01805”) or numbers specified for agencies.
§ 7 Warranty (1) Fullmobile.de/com is neither a party nor a representative of a party or an intermediary of any transactions concluded between customers. Fullmobile.de assumes no responsibility for the initiation of the contract, the conclusion of the contract and the execution of the contract. (2) In particular, Fullmobile.de assumes no responsibility for the accuracy and completeness of the information provided by customers and declarations made, as well as the identity and integrity of the customer. (3) The content or advertisements posted in the database are external content for fullmobile.de i.S.v. § 5 paragraph 2 Teleservices Act (TDG). Accordingly, the legal responsibility for this content lies with the person who posted the content in the database. (4) It is not possible under the current state of the art to exclude all risks associated with the use of the Internet. For this reason, Fullmobile.de assumes no warranty for technical defects, in particular for the constant 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 customer.
§ 8 Liability (1) Fullmobile.de/com shall be liable within the scope of the statutory provisions for damages due to defects in title, delay, impossibility for which it is responsible, for physical and health damage as well as for intent and gross negligence. (2) Incidentally, fullmobile.de is liable only for slightly negligent breach of cardinal obligations or essential contractual obligations by persons who are neither legal representatives nor executives of fullmobile.de, limited to 1.000, – EURO. In any case, the liability is limited to such damage, with the emergence of fullmobile.de reasonably expected at the conclusion of the contract. (3) Fullmobile.de is liable for data losses as well as costs of useless data entry within the scope of the above provisions only to the extent that can not be avoided even if the contracting party has backed up its data in the latest processing state in machine-readable form. (4) Any possible contributory negligence on the part of the customer must always be taken into account. In particular, the customer is obligated to check the data set by him and displayed by fullmobile.de at least by a one-time search query for their correctness. This is the customer’s attention during registration. (5) The above provisions also apply to the employees of fullmobile.de. (6) Liability under the Product Liability Act remains unaffected.
§ 10 Data protection (1) Fullmobile.de/com provides to the customer teleservices within the meaning of the Teledienst Datenschutzgesetzes. (2) Without prejudice to further statutory rights, the customer can automatically view, edit and permanently delete the stored data after entering his password on the dedicated website or after written or electronic communication to fullmobile.de. (3) Full-mobile.de sends messages, in particular the confirmation of the inclusion of the data in the full mobile. de-database and passwords, exclusively by unencrypted e-mail to the customer. (4) In order to operate the search and sale offer, fullmobile.de stores and uses personal data of the customer and creates log files (so-called cookies) upon access by the customer. As far as payment entitlements arise and are processed, the necessary data will be transmitted to Firstgate Internet AG. The collection of data is only for the purposes of consulting, advertising and market research for fullmobile.de. The specification of all data is voluntary, but the data marked with (*) is required to provide the requested services. (5) Fullmobile.de will not pass on the personal data of the customer to third parties unless there is a clear consent of the user.
§ 11 Changes to the General Terms and Conditions (1) Fullmobile.de/com reserves the right to change these terms and conditions at any time, subject to a reasonable notice period of at least four weeks. The announcement is made by publication of the amended General Terms and Conditions, stating the date of entry into force on the Internet on the website of fullmobile.de. (2) If the customer does not object within four weeks of publication, the changed terms and conditions shall be deemed to have been accepted. The announcement of the change makes special mention of the significance of the four-week deadline. (3) In the event of a timely objection by the customer against the changed terms and conditions, fullmobile.de shall be entitled, subject to the legitimate interests of the customer, to terminate the contract with the customer at the time the change enters into force. Corresponding contents of the customer are then deleted in the database. The customer can assert no claims against Fullmobile.de.
§ 12 Final Provisions (1) For disputes between the customer and fullmobile.de/com, only German law, excluding all substantive and procedural legal norms that refer to another legal system, applies. Furthermore, the provisions of the UN Sales Convention are excluded. (2) Additional agreements, amendments or additions to this contract must be made in writing in order to be valid. Also, the repeal of the script-form requirement