In the following, Technikboerse describes the service outlined below (including all applications) and/or the operator of the service, Deutscher Landwirtschaftsverlag GmbH. The Technikboerse service is provided via websites on the Internet (e.g. technikboerse.com, technikboerse.at) and various subdomains and aliases of this domain and via mobile applications (“apps”), background applications, web services and integration into third party websites (e.g. via iFrame). All websites, subdomains, aliases, mobile applications, background applications, web services and integration provided by Technikboerse on third party websites on which Technikboerse is available shall be subsequently referred to as the “services”.
These general terms and conditions (“terms and conditions”) shall apply from 1 November 2017 for all services performed by Technikboerse for suppliers (dealers, farmers, etc., also referred to as “Participants”) and consumers (general interested parties, also referred to as “Participants”). The object of the terms and conditions is to regulate the legal relations between Technikboerse and all natural persons or legal entities. The use of Technikboerse’s services shall take place exclusively on the basis of these terms and conditions,
Technikboerse is not involved in the relationship between the supplier and the buyer or interested buyer neither as an intermediary, as a party nor as a representative of a party. Notably, Technikboerse itself is not the supplier of the machinery or replacement parts presented and is not a representative of suppliers or interested parties.
Contracts that are initiated as a result of an advertisement placed on Technikboerse shall be concluded and fulfilled without the participation of Technikboerse.
By using Technikboerse’s services, each Participant acknowledges the validity of these general terms and conditions as amended. Opposing terms and conditions of the Participants shall not be valid.
Technikboerse reserves the right to amend the current terms and conditions. Participants will be informed of any amendments to these terms and conditions in a timely manner before they come into effect. If a Participant does not object to the amendment notification within two weeks of receipt, the amended terms and conditions shall be considered to have been accepted. If it objects to the amendment on time, the original terms and conditions will continue to apply and every party shall be entitled to terminate the contract without notice.
Technikboerse reserves the right to discontinue Technikboerse services and to amend the type and scope of services provided.
With regard to the use of individual offers, additional conditions shall apply as a supplement to these terms and conditions. In the event of an objection, the regulation of the additional conditions for the use of the respective application shall take precedence over these general terms and conditions with regard to the use of the Technikboerse service provided that this priority is not excluded in the additional conditions for using the respective application.
The contract is concluded with Deutscher Landwirtschaftsverlag GmbH, Lothstraße 29, D-80797 Munich. Other contact data, commercial register data and the name of a person with the representation authority can be found in the imprint.
A contract with Technikboerse is only concluded if Technikboerse accepts a declaration of intent from the Participant regarding contract conclusion. The acceptance declaration is made either by sending an acceptance confirmation in text form or implicitly by executing the contract.
Section 2 Scope of services
Technikboerse runs databases accessible on the Internet, in which products (machinery, replacement parts and accessories, etc., “offers”) are put up for sale for a fee and in which interested parties can search for machinery, replacement parts and accessories using the search function provided.
The publication of advertisements by integrating them in the affiliates’ websites can take place, as can publication of different advertisements in some types of print media (e.g. newspapers, magazines). A claim to a promotion such as this (integration in a third party website; publication in print media) only exists if this is the object of Technikboerse’s offer and is explicitly ordered by the Participant.
Databases run by Technikboerse that are accessible on the Internet are protected by law. Improper use of the databases can trigger claims for damages and can be prosecuted by imprisonment.
Section 3 Account & registration
Registration in only open to legal entities, unrestricted individuals capable of forming contracts and partnerships. People under 18 years of age (children, adolescents) are not allowed to use the services. The person that registers a legal entity must be authorised to conclude the corresponding contracts. They are obliged to give complete and truthful information. By registering the Participant declares its fulfilment of this requirement.
By registering and transferring data, an offer is made to conclude a contract for using Technikboerse’s services within the scope of these terms and conditions. This offer is accepted by confirming registration. By accepting the offer, a user agreement is concluded between the Participant and Technikboerse. The user agreement is concluded for an indefinite period of time.
Technikboerse is entitled to request a copy of a commercial register excerpt and/or trade register excerpt and other documents and information that may be necessary for registration or maintaining the contractual relationship.
A Participant that registers for Technikboerse’s services shall then acquire a free account (“Participant Account”). Traders, freelance professionals and consumers in accordance with Section 13 German Civil Code (BGB) can register once.
For a fee, there is a Participant Account for offering products in the following variants: Standard Account, e.g. for individuals, farmers, agricultural contractors, merchants; Classic Account, Premium Account and PremiumPlus Account for commercial dealers. The variants differ in terms of functions and services.
The Standard Account, Classic Account, Premium Account and PremiumPlus Account run for an indefinite term provided that neither the Participant nor Technikboerse gives notice four weeks before the end of a month. The PremiumPlus Account has a minimum usage period. Furthermore, the contract with a Participant shall terminate without notice in the event of the deletion of the Participant Account. The right to termination without notice for good cause shall remain unaffected. Termination of the Participant Account must be done in writing in accordance with Section 126 Para. 1 BGB; sending an email is insufficient.
Other optional additional services shall also be extended automatically by extension periods of the same duration unless otherwise agreed.
In the event of an amendment to Participant data, it must be appropriately dealt with as quickly as possible in the Participant Account. Technikboerse is entitled to request proof of the existence of the requirements and the accuracy of information at any time.
If Technikboerse offers the Participant one or more additional services to its membership from third party providers, free of charge or for a fee, separate contracts concerning this shall be concluded between the Participant and the respective third party provider. Notably, the amendment, suspension, other termination or exchange of external services or service interruptions in the relations between the Participant and third party provider have no influence on the contractual relationship between Technikboerse and the Participant with regard to membership. The terms and conditions and data privacy statements of the respective third party provider shall apply for additional services provided by third party providers, which are themselves the contractual partners and contact partners of the Participant.
In the event of violations against the obligations of these terms and conditions by the registered Participant, Technikboerse is entitled to block the Participant’s access, block and delete content, deactivate accounts or, in the event of an obvious misuse of registration or use, immediately deletion of the account, as well as to take other suitable measures to protect against such violations. The same applies in the event that there is reasonable suspicion of such violations.
Technikboerse reserves the right to temporarily limit the input facility and ability to retrieve offers if this is necessary with regard to capacity limits, safety or server integrity or to carry out technical measures and this is conducive to the proper or improved performance of services (e.g. maintenance work).
Technikboerse reserves the right to limit the daily number of data set run if this is necessary for technical reasons, notably capacity reasons. This applies to both data transfer in the dealer section (HTTP) and data transfer with an FTP program or via interfaces.
In particular, for technical reasons, it may not be possible, or only possible to a limited extent, to retrieve activated offers (advertisements) (unforeseen system failures).
Section 4 prices & billing
Unless agreed otherwise, the prices published in the current price list, terms and billing intervals shall apply. The prices listed are binding.
In the case of a Standard Account, payments shall be due and billed at the start of the agreed term at the latest. In the case of Classic, Premium and PremiumPlus Accounts, the monthly participation fee will be billed and collected at the end of the previous month.
Price amendments only affect the services used after they have been announced. Price amendments will always be announced in a timely manner so that the contractual relationship can be terminated by observing the notice period before the new prices are valid. If Participants do not exercise this right and continue to use services after the date that the price amendment becomes valid, the price amendment shall be binding.
All prices for services rendered by Technikboerse are subject to the value added tax applicable at the due date.
The final amount indicated in the invoice is due immediately upon receipt of the invoice. Participants shall be in default if the invoice amount has not been paid within 14 days. Technikboerse are entitled to request default interest amounting to 10% p.a. above the basic interest from Participants in default. Participants remain free to prove that only minor damage has been incurred by Technikboerse. Technikboerse’s right to demand statutory default interest or to prove to the Participant that a higher level of damage has been incurred also remains unaffected.
Participants are not entitled to any rights of retention if they are based on counterclaims from other legal transactions with Technikboerse. Participants can only offset those claims that are undisputed or established by law.
If the Participant maintains several legal entities (e.g. GmbH (limited liability company), AG (joint-stock company, OHG (general commercial partnership), registration of an individual account along with individual billing is required for each of these legal entities.
If a Participant with a Classic, Premium or PremiumPlus Account offers its products in several geographical locations (e.g. business premises, chain stores, sales locations, sales order, etc.) then the scale fee for each of these locations shall be invoiced separately.
The scale fee amount is based on the monthly average number of advertisements posted in the database per location on the day. To determine the monthly average, Technikboerse will record the status of advertisements daily and save the determined number of advertisements per location. On the first working day of the following month, the total sum of the advertisements ascertained everyday per location is determined and divided by the number of days in the respective calendar month. If it is not a whole number, this average value will be rounded down to the next whole number and calculated according to the valid price scale per location. Each additional advertisement from the upper limit of the highest price scale will be calculated individually at the most reasonably priced minimum fee according to the valid price list (dealer, individuals).
In the event of a default of payment, revocation of a direct debit authorisation or a return debit, Technikboerse shall be entitled to withhold its service. Furthermore, Technikboerse can assert damage claims for defaults.
If a direct debit from the Participant’s bank is not completed or the Participant returns the direct debit, Technikboerse reserves the right to charge the Participant a handling fee of EUR 20 unless the Participant proves that Technikboerse incurred no damage at all due to the failed direct debit or that the damaged incurred is significantly less than the handling fee. Further damage claims on Technikboerse’s part remain unaffected by this.
The Participant agrees to receive invoices electronically. Electronic invoices shall be made available to the Participant by email in PDF format.
Section 5 Rights & obligations
The participant is obliged to only submit offers/advertisements that are targeted at selling vehicles, machinery and devices, vehicle, machinery and device replacement parts, vehicle, machinery and device accessories and workshop services. Every vehicle, piece of machinery and device and every replacement part and accessory may only be advertised once. Advertisements can be illustrated with photos, however, only the object on offer can be shown and they may not violate the rights of third parties. If photos are used that do not show the specific object (e.g. from the manufacturer’s brochures) this must be mentioned in the advertising text. It is not permitted to use the advertisement for advertising offers that are not put on Technikboerse.
The Participant is obliged to only put a vehicle, piece of machinery, device or replacement part in the category provided (e.g. tractors, presses, etc.). It is only permitted to place advertisements that are aimed at the sale, rental and auctioning off of these. Advertisements must indicate the condition of the vehicle, machinery, device or replacement parts; particularly whether the object or replacement part advertised has unrepaired damage to a not inconsiderable extent. This includes e.g. damage to engines and gears, damage caused by accidents, fire, hailstone or water, the rectification of which is only possible at a considerably higher cost. Minor damage is excluded from this and should be noted in the description box.
The Participant is prohibited from offering several vehicles, pieces of machinery, devices or replacement parts, individually or as a package, within a single advertisement; it is similarly not permitted to advertise the same machine or replacement part more than once at the same time.
The Participant is obliged to provide truthful information about the object offered in its advertisement. This particularly concerns the existence, availability, condition and quality description as well as ownership rights.
For the duration of the advertisement, the Participant is obliged to be in the position to conclude a legally effective purchase agreement with an interested party at any time regarding the offered machine or replacement part and to supply and assign it.
The Participant is prohibited from infringing the applicable laws, particularly the laws and regulations valid in the Federal Republic of Germany, in an advertisement by means of formulation, content, layout and the purpose pursued. In particular, objects, the advertisement, offer or distribution of which may violate applicable copyright and ancillary copyrights, industrial property rights (e.g. trademark and patent law; competition law (UWG)) as well as other rights (e.g. the right to own image, name and personality rights) may not be offered.
The Participant is obliged to comply with the Price Disclosure Regulation. According to Section 1 Paragraph 1 Price Disclosure Regulation, end prices must be indicated in which value added tax must be included. In addition, giving so-called “service telephone numbers” (value added services), which result in increased call charges for the caller, are not permitted, nor is the use of dial-up numbers: 0190, 0900, etc.
The Participant is not allowed to insert links to external websites, other services and information sources into an advertisement unless this is legally required. Email addresses and inactive web addressed (URLs) and parts thereof are classed as links. Exceptions to this are links to the Participant’s own, externally stored vehicle pictures, PDF files and presentations inserted in the advertisement’s description box, if this contains additional information about the machinery or replacement part on offer (e.g. reports, instructions, etc.).
Before placing the respective advertisement, the Participant is obliged to check the advertisement for compatibility with the law valid at the time of placing the advertisement and these terms and conditions.
The Participant is obliged to keep its advertised vehicle, machinery, device or replacement part status up to date and to regularly manage within a period of two weeks. If it is not managed within this period of time, Technikboerse reserves the right to make the advertisement inactive.
The Participant is obliged to create backup copies of its database, including photos, to restore the advertisement in the event of data loss.
The Participant is obliged to archive information required for preserving evidence, accounting or other purposes on an independent storage medium.
Participants can publish reviews and make them accessible to others via Technikboerse. Responsibility for reviews lies exclusively with the Participant. Participants shall undertake not to violate the valid statutory regulations when submitting reviews and shall particularly make sure that their reviews do not violate the rights of third parties (notably personal rights).
The Participant is obliged to only use a photo as a profile picture on which the participant is clearly and obviously recognisable. The Participant shall ensure that the public display of the profile photo he submits is allowed on the offers under applicable law. The use of photos or illustrations of other or non-existent people or other beings or logos as a profile picture is not permitted.
The Participant is obliged to give truthful and non-misleading information and to use its real name and no pseudonyms or pen names.
The Participant is obliged to observe valid law and all third party rights when using Technikboerse and with regard to offer content.
The Participant is prohibited from using offensive or defamatory content, regardless of whether this content relates to other Participants, Technikboerse staff or other people or companies.
The Participant is prohibited from using pornographic, violent, abusive, unethical content or content that violates youth protection legislation or advertising, offering and/or selling pornographic, violent, abusive, unethical goods and services or goods and services that violate youth protection legislation; it is also prohibited from unreasonable harassment of other Participants, particularly by sending spam (c.f. Section 7 Unfair Competition Act – UWG).
The Participant is prohibited from using legally protected content (e.g. protected by copyright, trademark, patent, design or utility model laws) without being authorised to do so or to advertise, offer and/or sell legally protected goods or services without being authorised to do so.
The Participant is prohibited from making or promoting anti-competitive activities, including progressive advertising (such as chain, Ponzi or pyramid schemes).
The Participant is prohibited from carrying out, advertising and promoting structural distribution activities (such as multi-level marketing or multi-level network marketing) as well as engaging in any risqué or sexual communication (explicit or implicit).
The Participant is prohibited from distributing and publicly displaying the contents of offers or those from other Participants, except when this distribution and public display is included as part of the respective Technikboerse application or if the other Participant has agreed to the distribution and public display.
The Participant is prohibited from any action that is likely to compromise the functionality of the Technikboerse infrastructure, especially acts that may burden it excessively.
The Participant is prohibited from blocking, overriding, modifying, copying content if this is not required for the proper use of Technikboerse.
The Participant is prohibited from using mechanisms, software or scripts in connection with the use of the Technikboerse website. The direct or indirect advertisement or distribution of such mechanisms, software or scripts is also prohibited. However, the Participant may use, advertise or distributed interfaces or software authorised by Technikboerse.
The Participant is obliged to contact the interested party within a maximum of 5 working days. When handling the submitted data, the Participant has to observe the provisions of the German Data Protection Act.
The Participant is prohibited from disclosing interested parties to third parties, free of charge or for a fee, without the prior explicit and written consent of Technikboerse.
The Participant is prohibited from contacting interested parties if it has revoked its consent to be contacted by the Participant. Moreover if the interested party has revoked its consent regarding the storage of its contact on the whole or with the Participant, the Participant must immediately delete the transmitted data or, if deletion is not possible, block it and confirm the deletion or blocking of the contact person in writing at the request of Technikboerse.
The Participant will instruct its staff in writing about the incumbent obligations according to these terms and conditions and encourage its staff to respect these obligations. At the request of Technikboerse, the Participant must provide evidence of this by submitting suitable documentation.
The Participant is obliged to keep its individual account data secret and safeguard it carefully. It is further obliged to immediately inform Technikboerse if there is any indication that its contact access data has been violated by third parties. For your information: Technikboerse will never pass on passwords to third parties and never ask about passwords by email or telephone. If you have forgotten your password, you can request a new password to the email address given using the “forgotten password” function.
Section 6 Content & rights of use
All data, information, company logos, texts, programs and images are subject to copyright law; as the holder of all rights to the content of the offers, Technikboerse is the holder of all rights of use. Any kind of amendment, processing and use in the media by third parties in only permitted with the written consent of Technikboerse. The rights of the Participant remain unaffected.
Participants shall grant Technikboerse the right to store, reproduce and distribute the content placed on the Internet or in other media (e.g. newspapers, magazines, radio, TV), where necessary or useful to achieve the purpose of the contract, as well as making access to data, information and content published via Technikboerse available to third parties.
In the event that Participants have submitted vehicle identification numbers (VIN) of advertised or managed machinery as part of using the services (e.g. during the creation or the automated submission of an advertisement), with this transmission the Participant shall grant Technikboerse the right to permanently store the VIN and to use it for analytical purposes as well as for product improvement (increasing in the quality of advertisements, transparency, fraud prevention) and to pass it on to third parties for these purposes. Participants are obliged to only transfer valid VINs, meaning only in a valid format and only those VINs that belong to the advertised or managed machines. If Participants violate this rule, Technikboerse can refuse the agreed reimbursement for the costs of VIN queries. Technikboerse reserves further rights. Participants shall ensure that they have produced the aforementioned content themselves and/or are entitled to transfer it to Technikboerse to the extent specified above.
Participants are solely responsible for content; Technikboerse simply provides a place to store it. It is the sole responsibility of the Participant to acquire the necessary rights for placing content on Technikboerse.
With this cooperation, Technikboerse may advertise the results and logo of a Participant. This refers to both communications with (potential) Participants of services and products as well as communication for acquiring new customers.
Section 7 API
Depending on the scope of service of the selected Participant Account, Participants have the option of individual integration of their advertisement on their homepage as well as some mobile applications (“apps”, e.g. iOS/Android/Symbian/Window Mobile App or other mobile applications) using the Technikboerse API. Participants can access their data stored in the database via the Technikboerse API.
Technikboerse shall grant Participants the limited right to use the Technikboerse API and the database for the purpose of integrating advertisements in accordance with these terms and conditions as well as in compliance with the technical specifications of the Technikboerse API.
All granted use of rights are revocable, non exclusive, non transferable, non sublicensable, and are limited to integration within the framework of the homepage (including any mobile applications).
Since the capacity of the Technikboerse API is limited, a maximum of 25 data retrievals (API retrievals) per second can be executed via the Technikboerse API. All API retrievals are counted towards the maximum number of API retrievals. In order to guarantee the efficient use of the Technikboerse API capacity, Participants are obliged to program their homepage (and any mobile applications) as efficiently as possible and to pool all function calls as far as possible. If Participants exceed the given maximum number of API retrievals, Technikboerse is entitled to suspend further use of the Technikboerse API.
Participants are not entitled to make copies of data and advertisements. It is also prohibited to use alternative methods, such as e.g. robots, spiders, scraping or other technology (or to facilitate their use or enable third parties) to access the websites, databases or advertisements of Technikboerse.
Participants may not modify, edit, adapt, decompile, regress (reverse engineering), disassemble, translate or change in any other way the Technikboerse API and database into source code, except in legally permissible cases (Sections 69d, 69e, German Copyright Act (UrhG)).
Participants are only entitled to display advertisements in accordance with the following rules:
Changes to advertisement in terms of layout are authorised for the purpose of adapting the advertisement to the look and feel of the homepage (and any mobile applications).
The advertisement displayed on the homepage (and any mobile applications) must always correspond with the current status of the database.
Advertisements may not be placed on websites or mobile applications with content that is political, violent, pornographic, unethical, harmful to young people, criminal or otherwise illegal.
The use of the Technikboerse API, its homepage and any mobile applications and adverts for this may not violate the rights of third parties (notably trademark law, personal rights) or applicable law (notably consumer protection, data protection and competition law).
Neither access data to the Technikboerse API, nor information provided by the Participants of Technikboerse may be disclosed or made accessible to third parties (with the exception of service providers, insofar as their knowledge is required for the contractual practice of the rights granted). Technikboerse remains the holder of all rights to access data. Access to the Technikboerse API can be blocked with immediate effect if access data is disclosed to third parties.
All granted rights to use of the Technikboerse API, the database and the advertisements are exclusively based on the current status and scope of the Technikboerse API, the database and the advertisements during the term of the contract. Technikboerse assumes no responsibility for content accuracy and up-to-dateness of data contained in the database.
The monthly average availability of the Technikboerse API and database is at least 95%. Due to necessary maintenance work and improvements, it can happen that individual functions are not available at short notice.
If Technikboerse API makes any significant changes, expansions or restrictions (collectively “changes”), Technikboerse shall inform Participants of the relevant changes in advance by email. On the basis of these changes, Participants shall be responsible for making any necessary changes to their homepage and any mobile applications in good time and at their own expense. Technikboerse will deactivate the old version of the Technikboerse API with the announced release of the new version.
Section 8 Data privacy
Technikboerse collects, handles and stores data exclusively in accordance with the guidelines of German Data Privacy Law. The data privacy declaration for the use of Technikboerse services is an integral part of these terms and conditions.
Section 9 Liability & warranty
The Technikboerse service is deemed to have been provided when advertisements are placed in the database 90% of the time (annual average) and can be retrieved from the database on the Internet.
Technikboerse is exempt from its service obligations in events of force majeure.
If any warranty claims arise from the Participant, Technikboerse is entitled to supplementary performance. Supplementary performance can be rendered by repeating the cancelled service.
Technikboerse’s reliability is limited the contractual fulfilment of the essential contractual obligations.
Liability beyond this is excluded for Technikboerse. Technikboerse particularly shall not be liable for consequential damages and pecuniary loss. Technikboerse’s liability for lost profits and loss assessment costs is also excluded.
Technikboerse shall not be liable in connection with the non-performance, poor performance or delay in performance or in the event of disruptions.
The liability of Technikboerse for deliberate or grossly negligent damage caused by its managerial employees remains unaffected by liability exclusions in the above Paragraphs 1 to 3.
The Participant shall release Technikboerse from all claims that third parties make against Technikboerse by reason of or in connection with the advertisement placed by the Participant. This also applies to any other use of the Technikboerse website. Costs incurred by Technikboerse to reduce damage shall also be borne by the Participant if these costs were required at the time of their disbursement or were objectively appropriate for the reduction of the damage. Any necessary legal defence costs must also be reimbursed by the Participant in accordance with the statutory scale of charges. Otherwise the compensation obligation of the Participant remains unaffected.
Technikboerse shall not be liable for the correctness and/or completeness of the advertisement. As a general rule, neither the content of the advertisement not the identity of the participant can be checked by Technikboerse.
Technikboerse shall not be liable for damage caused by the abridged or misrepresented appearance of advertisements or by the misuse of data by third parties.
Technikboerse excludes all warranty or liability for the advertisements meeting the legal requirements of the country in which they can be retrieved or in which the buyer, intermediary or seller is located.
Furthermore, the exclusion of liability does not cover the cases of mandatory liability, e.g. in the case of intent or due to loss of life, bodily harm or damage to health.
Section 10 Right of revocation for consumers
If you are acting as a consumer, you have the following right of revocation: You have the right to revoke this contract within fourteen days without giving reasons. The revocation period if fourteen days from the day on which the contract is concluded.
To exercise your right to revocation, you must inform us (Deutscher Landwirtschaftsverlag GmbH, Lothstraße 29, D-80797 Munich, email: email@example.com) with a clear explanation (e.g. by letter by post or email) about your decision to revoke this contract. You can use the sample revocation form; however, this is not compulsory. To comply with the revocation period, it is sufficient that you submit the notice of the right to revocation before expiration of the revocation period.
If you revoke this contract, we shall refund all payments that we have received from you, including delivery costs (with the exception of additional costs that arise should you have chosen a type of delivery other than the reasonable, standard delivery that was offered by us), immediately and at the latest, fourteen days from the day that notice of your revocation has been received by us. To make refunds, we use the same payment method that you used for the original transaction, unless something different was explicitly agreed with you; on no account shall fees be charged as a result of this refund.
If you have requested that the services should commence during the period of revocation, you shall pay us a reasonable amount that corresponds to the proportion of the services already provided at the time you informed us of your decision to exercise of the right of revocation regarding this contract in comparison to the total scope of services intended in the contract.
Section 11 Final provisions
German law shall apply, excluding the UN sales law, private international law and CISG.
Place of jurisdiction and place of performance is Munich, to the extent permitted by law.
The written form in the sense of these terms and conditions also includes fax and email.
Statements made by Technikboerse to the Participant must transmitted by Technikboerse to the address which is entered as contact data by the interested party or service provider on the declaration date.
Monday to Friday are counted as weekdays.
If a provision of these terms and conditions is ineffective, the other provisions shall remain unaffected.