General trading conditions

for the use of the service of

www.racingcars24.com
 
I. General
1. Those in the following specified general trading conditions apply to all contracts for the use of services provided by RacingCars24.com such as publishing and viewing of classified advertisements. In addition to these General trading conditions the contracts consists of the RacingCars24.com-function description and the RacingCars24.com-pricelist in his latest version. Opposite or from this agreement or deviating conditions by a user are strongly contradicted.

2. I will be possible for the users of RacingCars24.com, to offer, trade and advertise their services and goods. The resulting contracts will be exclusively between the users. RacingCars24.com is neither Contracting party, mediator, representative or any other form of assistant of the user. RacingCars24.com can not give any warranty’s and has no influence on the Treaty negotiations as well as conclusion, fulfilment and completion of such contracts. This applies in particular to seriosity, identity, readiness to perform, efficiency or other behaviour of the respective users as well as to the content wise correctness, topicality or legal validity of offers and announcements.

II. Advertisement and publication
1. Announcements can be entered for publication only by using the function description input modes to the there specified conditions and specified maximum size. This also applies when the advertisement is placed by a third party involved.

2. RacingCars24.com is allowed to publish announcements given by users in on-line portals and/ or printed media of RacingCars24.com or partners from RacingCars24.com This will not result in further obligations for the user. The user can contradict the publication in other media by writing to RacingCars24.com.

3. In order to ensure a uniform format of the photos, RacingCars24.com is allowed to change the photos or other images to the size needed.

4. RacingCars24.com will usually work on and publish the announcements immediately. The user has however no rights on the fact that an announcement will be published at a certain time or for a certain period. In particular publication and use of an announcement can be limited or interrupted temporarily, if necessary for technical reasons, such as for maintenance or upgrading of our systems.

5. RacingCars24.com has the right to publish announcements in another section than determined by the user if a wrong allocation was made recognizably. If the announcement can be published only in a paid section, the user will have to pay racingcars24.com the costs as stated on the price list.

6. The running time of an announcement will be according the prizes as stated in our price list. RacingCars24.com is allowed to extend the running time of an announcement without previous agreement of the advertiser and free of charge. The announcement can be removed however at any time by the advertiser.

7. Free services provided by RacingCars24.com can be terminated by RacingCars24.com at any time.

8. Competition between users at the use of the services provided by RacingCars24.com can’t be guaranteed.

III. Contents of announcements
1. From the publication of announcements, in which goods or other services are offered in any way, are excluded when their offer, sales, or acquisition is against good customs or laws are offended or against the reputation of RacingCars24.com. In particular following articles may be described nor offered:
  • Goods with characteristics of unconstitutional organizations and propaganda goods.
  • Goods, who are protected by copyrights patent rights, (e.g. marks, patents, customs and design patents) as well as other rights (e.g. copyrights, on behalf of and personality right)
  • Weapons in the sense of the weapon law; radioactive substances, poison or explosives as well as other health-endangering chemicals
  • Goods, which are youth-endangering and or pornographic
  • Human Organs
  • Products and preparations of protected animal species or plants and their preparations
  • Announcements with same contents, which repeats in one or more categories (Spam)
  • Drugs, medicament, medicine products, if their sales are forbidden by legal regulations.

2. Links/Verweise auf externe Webseiten sind untersagt, wenn

  • on web pages links or references present which lead on sides, whose contents offend against the good customs and/or law
  • on websites which are linked without permission of the owner.
  • on auctions or other web pages that are in the direct competition with RacingCars24.com
  • ín the fields "Ad text" und "AD subject"
  • in images

The respective user is responsible for in announcements placed links. RacingCars24.com dissociates itself expressly from these links of as well as from all contents of websites. Racingcars24.com states that they have no influence on the content of linked websites.

External links can be examined by RacingCars24.com and be deleted at own discretion if necessary. This can be done manually but also software controlled. RacingCars24.com is not obligated to inform the user.

3. The user is responsible for contents and the legal validity of the publication and spreading of an announcement as well as the texts, pictures conveyed to that extent or other files. If rights from third parties have to be considered, the user has to ensure that these rights has been dealt with in a proper way. When needed RacingCars24.com will ask conformation in writing. RacingCars24.com is not obligated, to examine orders and announcements on this subject.

4. The user is obligated to release RacingCars24.com of all claims, by third parties caused by the contents or layout of the announcement, in particular claims, which involve offensive content of the announcement an/or competition and copyright or those based on other legal regulation based. As far as RacingCars24.com all costs caused through the publication have to be paid by the user.

5. The user is responsible for the files send by him to not contain viruses or comparable programs. RacingCars24.com is justified to immediate deletion of these files - further rights of recourse?

6. RacingCars24.com has the right to refuse announcements because of the contents, the organization, or the technical form or offend against German laws or this General agreement and to delete or close the account of the user. Under the same reasons racingcars24.com has also the right for a blockage of a user.

IV. Prices
1. All prices are to be inferred from the current up to date price list, which applies during the placing of the order. The terms of payment are stated in de of function descriptions.

2. When there are justified doubts about the solvency of the client, in particular with delay of payment or inability to pay, RacingCars24.com is justified to publication only at pre-payment of the amount and the payment of not paid invoices.

3.  The user can up-count only on undisputed or validly determined requirements against RacingCars24.com. A right of lien can only made valid by the user, if the counterclaim is based on the same contractual relation. If the user is an entrepreneur, this counterclaim must be in addition undisputed or validly determined.

V. Asset account
1. use
Racingcars24.com offers to the registered users the possibility of an „asset account“, over which the services provided by us can be paid.

Asset account “are pre-payments, which the respective customer can use as a way of payment for the services provides by the website portal. The pre-payments of the customer are in-booked as assets on the asset account. The costs the services provided by the web portal will be deducted from this account.

2. Contract
The contract concerning the use of the asset account is done by on-line registration of the customer.

3. way of payment
3.1 Asset account by using paypal
The customer can participate in the paying procedure „Paypal“. For this a separate registration is necessary with the paypal organisation. At this organisation the amounts paid by the customer are in-booked in each case as assets into the asset account.

The amounts of asset in-booked into the asset account can only be used for payments for the services provided by the website portal.

A minimum amount is preset at the book up of money into the asset account. The customer can select the amount to book up in the menu on the website. If the customer does not change the configuration, the preset minimum amount is booked on to the asset account.

The customer can put a maximum of 100,00 EUR on to the asset account - the asset account may not exceed the maximum total of 100,00 EUR. If this maximum amount is reached, no further upgrades are allowed, until the amount is reduced by purchase done at the website portal.. If the money on the account is used up, the customer put a new amount of money on to the account before using the paid services of the website portal.


VI. Guarantee
1. RacingCars24.com is neither responsible for the behaviour of the users, or for the contents of the published announcements there for does not give any guarantees. The same applies to all contractual relations between users or other third parties.

2. In case of any abuse of the services provided by RacingCars24.com we will exclusively take legal steps for or own business against the users involved. However there will be no legal claims from this for the individual user.

3. RacingCars24.com will give no guarantee for technical failure, in particular not for the availability of the announcements and its contents. Further RacingCars24.com does not take over a guarantee the losses of data in case of a breakdown of the data base.

4. Complaints of the user must be made - except with an obvious fault - within four weeks after the first publication of the announcement in writing to RacingCars24.com.

VII. Adhesion
1. RacingCars24.com does not take over adhesion. For damage to users or third parties caused by the behaviour of other users.

2. Claims for compensation as stated in the product liability law, such as deliberate damage or because of injury of body, life and health, RacingCars24.com clings according to the laws. In all other cases RacingCars24.com is responsible only if there is rough negligence or easily negligent damage of substantial contract obligation, i.e. such an obligation, which may trust reaching the contract purpose only made possible and on their adherence to the users regularly. As far as no rough negligence is present, the adhesion is limited after sentence 2 of the height after on the typically foreseeable damage. Opposite entrepreneurs RacingCars24.com clings with rough negligence of simple executing aides only after sentence 2 and 3, if substantial contract obligations are hurt. As far as the adhesion is excluded from RacingCars24.com, this applies also to the personal adhesion of the employees, co-workers, representatives and executing aides.

VIII. Privacy
1. In accordance with § 28 Federal Data Protection Law for the privacy the information used within the business relation are used for no other purposes than for the contract purposes, with consideration of the paragraph II.2 of this agreement.

2. RacingCars24.com has the right to use personal information of the user within the legal bounders for the advertisement as well as marketing and public opinion polls purposes. The user can contradict this by writing to RacingCars24.com.

IX. Changes to the general agreement
1. RacingCars24.com has the right to make changes to this agreement at all times.

2. The user can contradict changes of the agreement in writing within a period of two weeks the report about the changes where send to the users by email. RacingCars24.com commits itself particularly to point this out to the user in the E-Mail. If the user contradicts the change within the prescribed period, then the contractual relation is invariably continued.

3. If the user does not contradict within the prescribed period, then the changes become effective on the time of the entrance of the message about the change.

4. Use of the services after the message about the change in the general agreement is considered as permission of the changes. The right to object expires.

X. Copyrights (c) 2007 RacingCars24.com
1. At all web pages, RacingCars24.com inclusive source texts, page layouts or diagrams possesses and/or the respective author the appropriate author, mark or other rights. Rights of the user contents remain unaffected. Approved mark rights belong to their owners.

2. It is forbidden to use any content of RacingCars24.com without written permission of racingcars24.com in other web pages (by Frames) or the by copy the complete or partial content for commercial purposes or for the set up of an own data base in each conceivable form of use.

3. The user does give RacingCars24.com with sending the announcement all necessary rights for the use, production, and publication on to on-line, print and other media rights, in particular the right for duplication, spreading, transmission, public accessible by using a data base to publish, temporally and content wise to the extent necessary for the processing of the order. Aforementioned rights are transferred locally for an unlimited period of time in all cases.

XI. Valid right and final clauses
1. On the contractual relation the valid rights are German right with exclusion of the international right, in particular the UN-agreement over the international goods purchase (CISG).

2. If in number the I - X of this regulations specified should be ineffective due to valid rights, then the remaining remain unaffected by it. The ineffective part of this agreement is then replaced by a part that corresponds to economically wanted contents and in legally permissible way.

3. Area of jurisdiction for both parties is Aachen, if the user is an entrepreneur or legal entity of the public right.

4. The only valid version of this agreement is the German language version.