General terms and conditions of business
PART 1: Delivery and payment conditions
1 Scope of application and amendments
1.1 The following General Terms and Conditions of Business and Use contain the basic rules for the use of the United Events platform (hereinafter referred to as the operator) and apply from their inclusion to all legal transactions, including future legal transactions and similar actions between the user and the platform.
1.2 Terms and conditions of the User that deviate from these terms and conditions shall not apply.
1.3 Amendments to the General Terms and Conditions of Business and Use shall only become effective with the User's consent. The new conditions will be sent to the User by e-mail before they come into force.
1.4 The new terms and conditions shall be deemed to have been agreed if the user does not object to their validity within 14 days of receipt of the e-mail. The objection must be in text form. United Events will inform the user in the e-mail about the possibility of objection, the deadline and the consequences of inactivity of the user separately.
2. services of the operator
2.1 The operator of United Events provides a platform on which registered members can post content for the purpose of presenting their company and initiating purchase, sale and service contracts. Furthermore, the platform enables end customers to contact registered users and make inquiries.
2.2 The offer of the provider of United Events is directed at natural or legal persons or partnerships with legal capacity, as far as the conclusion of the legal transaction is carried out in the exercise of their commercial or independent activity. A contract with end consumers is not concluded via the platform. However, enquiries can be made about this.
2.3 The contracts that come about and are concluded as a result of the enquiry on the platform come about directly and exclusively between the respective registered users and are fulfilled and processed outside the platform. The trading platform thus serves exclusively to initiate business between the existing contractual parties. United Events does not act as a party to the concluded purchase, work or service contract.
2.4 The operator is therefore only active as a provider/information service provider, which exclusively publishes and makes accessible third-party content. The Operator is not obliged to check these offers before they are published by the respective User.
2.5 The Operator has the right to forward requests from the end customer to other Users with the same or similar portfolios if the requested User does not respond to the request for 7 days.
2.6 By registering, the User agrees that his/her personal and business data as well as e-mail correspondence may be stored and processed internally. This data will be treated confidentially and will not be passed on to third parties, especially not for commercial or advertising purposes. The publication requested by the customer for the purpose of establishing contact is not affected by this regulation. The operator is authorized to store inquiries from end customers and to deposit them in the course of data management.
2.7 The Operator reserves the right to change the range of services offered as well as the functions and design of the platform at any time, provided it is reasonable for the User.
3. registration, United Events offers
3.1 In connection with the registration with United Events a framework agreement for the use of United Events offers is concluded. These offers are accessible with the selected access data (user name and password). Activation takes place after identity verification by the Operator
3.2 The use of other United Events offers may be agreed on the basis of this framework agreement. The services, technical requirements and - if the offer is against payment - prices for the selected services are set out in the respective service description, which is displayed by the Operator prior to conclusion of the contract. The service descriptions of the United Events offers used can be found in the "My Account" area after conclusion of the contract.
3.3 The framework contract begins with the activation of the access data selected by the user (clause 3.1) and is concluded for an initial period of 12 months. The framework agreement is not transferable.
3.4 Upon registration, the user undertakes to provide correct and complete information, in particular regarding his identity, address, telephone number, e-mail address, qualifications (e.g. entries) and - if required for billing purposes - a bank account. The Operator may at any time request documents to prove the information provided by the User.
3.5 The User undertakes to keep the information provided and the documents submitted always up to date.
3.6 The Operator may automatically provide translated versions of the content provided by Members on platforms abroad. These translations are carried out by machine on a time-controlled basis and are identifiable as such. Only the content in the original language that is current at the time of conclusion of the contract is decisive for the content of contracts concluded between members.
4. access data
4.1 The user undertakes not to pass on his access data to third parties. The passing on to employees of the user for business purposes is permitted. The user must ensure that his employees observe these General Terms and Conditions.
4.2 The User must inform the Operator immediately if he/she has the impression that third parties are using his/her access data without authorisation. In the event of justified suspicion of third party use of the access data, the Operator may take the necessary measures and in particular temporarily block or close access. If third parties make unauthorized use of the access data due to the fault of the User, the User shall compensate for any damages incurred and pay any usage fees.
5 Billing, direct debit authorization
5.1 The user is always informed in advance if a service is subject to charges. In this case, prices and service features will be communicated to him in advance.
5.2 If the User books a chargeable service, he is obliged to inform the Operator of his bank details. By doing so, he revocably authorizes the operator to collect the due remuneration for the use of paid services by means of direct debit. The operator will inform the user at least five days before the direct debit about the amount to be collected by e-mail. The User has to ensure that his account has the necessary coverage on this date.
5.3 In the event of failure of the direct debit via the account details provided or in the event of premature revocation of the direct debit authorization without providing a comparable direct debit option, the Operator is entitled to block the User's access. This also applies if the User is in default with payments of a considerable amount. The block will be lifted immediately after receipt of the outstanding amount. The User undertakes to reimburse the Operator for the costs of a return debit note for which he is responsible on the basis of a lump-sum compensation of 9,- €. The User can prove at any time that the Operator has incurred a lower damage.
5.4 In case of default of payment, the operator is entitled to demand reminder costs of 5,- €. Outstanding amounts shall be subject to interest at a rate of 9 percentage points above the base interest rate during the period of default.
5.5 If User receives a statement of account for the remuneration incurred, he/she is obliged to raise any objections to the amount within two months of receipt. The objections must be justified. Failure to raise an objection in due time shall be deemed to constitute approval of the invoice. The operator will point this out to the user in a textually highlighted manner when transmitting an invoice.
5.6 The Operator is entitled to collect the fees due via third-party companies (so-called vicarious agents). If User culpably defaults on payment of the usage fees by more than two months, all outstanding amounts shall become due immediately by the next possible end of the contract. The user has no right of retention.
6. legal use, blocking
6.1 The use of the platform is only permitted in compliance with these terms and conditions. Furthermore, it is not permitted to violate applicable law or infringe the rights of third parties when using the platform. This includes in particular:
6.1.1 The dissemination of racist, pornographic, violence glorifying or trivialising or immoral content. It is also prohibited to disseminate information which impairs or endangers children or young people in their development or upbringing or which violates human dignity or other legal interests protected by the German Penal Code. Furthermore, it is not permitted to incite to commit criminal offences or to produce or disseminate instructions for criminal offences.
6.1.2 Insulting, harassing, defaming or threatening other users is prohibited.
6.1.3 No copyright, trademark or other proprietary rights of third parties may be infringed by the use of this website.
6.1.4 It is not permitted to distribute unsolicited mass mailings.
6.2 Express reference is made to the legal provisions for combating illegal employment. The execution of orders that are to be carried out in violation of such provisions or other legal regulations is prohibited. This also applies to preparatory acts aimed at the execution of an order through illicit employment.
6.3 Furthermore, it is pointed out that both the provision of and remuneration for services in certain areas (e.g. services provided by architects and engineers or certain surveying services) are regulated by statutory provisions and are therefore not or only to a limited extent freely negotiable. The user is obliged to ensure that such restrictions are observed.
6.4 If User violates these GTC or applicable law, the Operator is authorized to take appropriate measures. In the case of minor violations, these can be limited to the indication that the GTC, legal provisions or the duty of consideration have been violated. Serious violations can lead to the temporary or complete blocking of individual services or your access or even to termination without notice. In the event of such a blockage, you are still obliged to pay the full compensation. The choice of measures is at the discretion of the operator.
7. services and obligations of the User
7.1 The User transfers to the Operator those rights to information shared by him/her that are necessary to keep the information available on the Internet. For provision on the platform, the Operator is also authorised to reproduce, publish and translate this content into other languages. The operator reserves the right to make unintentional errors in the translation. Furthermore, the operator is granted the necessary rights to integrate the information also on deviating platforms, such as the social media channels, and to make it available for indexing and optimization in search engines. The user agrees that his personal data may be used for appropriate marketing measures. This includes, for example, the sending of e-mails with general information and advertising character, e.g. newsletters etc. If the user no longer wishes to receive this information, he/she has the possibility to unsubscribe by e-mail at any time. The sending of e-mails containing contract-relevant information on the use or function of the trading platform must be sent in any case.
7.2 Furthermore, the User is obliged to state all essential characteristics of the goods or services offered for purchase in order to provide a portfolio for the interested parties that is as complete as possible. This includes in particular information on the condition of the goods, minimum quantity, minimum order value and any shipping costs incurred. The respective user assumes the guarantee for the correctness of the shared information. If no restrictive reference to the condition of the products offered is shown in the article description provided, this implies that these are goods or services without any known qualitative defect. Thus, it is "1A goods". The user must place his offer or request in the appropriate category suitable for this purpose.
7.3 In his advertisement, the provider has to inform about the terms of payment and delivery, his power of disposal as well as possible existing legal rights of withdrawal according to §355 and §312 b BGB.
8.1 The end customers have the possibility to rate the users according to their request.
8.2 The ratings are intended to give end customers as meaningful and accurate a picture as possible of the quality, reliability and trustworthiness of the users. In particular, unobjective or insulting comments are to be avoided and can lead to the complete or partial deletion of the rating, to blocking and/or to further, appropriate measures.
9. personal data
9.1 The operator uses the personal data of the user exclusively for the provision, use and invoicing of its services, unless a more extensive use of data is required by law or your express consent has been obtained.
9.2 Details on the processing of personal data are set out in a separate data protection declaration, which can be accessed on the United Events website.
10.1 The operator is liable for any culpable breach of material contractual obligations as well as for the assumption of a guarantee of quality in accordance with the statutory provisions. The operator is only liable for damages resulting from the absence of an agreed upon quality, as far as such damages should be covered by such an agreement. In all other cases United Events is liable, as far as the damage was caused by gross negligence or intentionally.
10.2 Notwithstanding clause 9.1, services provided free of charge are subject to a disclaimer for damages caused by slight negligence.
10.3 The liability for damages for injury to life, body or health as well as the liability according to the Product Liability Act remains unaffected by the above regulations in any case.
10.4 The operator is not liable for claims arising from a contractual relationship between the user and an end customer. The platform serves only to initiate a contract.
11. release of liability
11.1 The User undertakes to release the Operator from any claims of third parties, without influence of any kind, which result from the publication of the information and offers. The aforementioned indemnification obligation includes both claims for damages and claims for reimbursement of expenses, as well as the reimbursement of legal defense costs incurred by the Operator for the possible defense against stated claims.
11.2 The operator is not liable for damages resulting from non-delivery or delayed delivery or the faulty delivery of the purchased goods. In these cases, the end customer has to take legal action against the User.
11.3 The operator of the online trading platform is not responsible for the availability of products offered which have been published by Users.
11.4 The operator is not liable for hardware and software errors on the server used for which they are not responsible, direct errors that lead to data destruction on the user's local system, virus transmission, temporary unavailability of United Events and damage to hardware and software on the user's local system. In such cases, the operator assures the end customer the best possible effort to rectify the errors that have occurred. There is no legal claim to completeness, correctness or recovery. The operator is liable for faults and failures falling within his area of responsibility according to clause 10.
11.5 The contents of United Events pages have been created with the utmost care. However, no responsibility is taken for the correctness, completeness and topicality of the contents. As a service provider, the operator is responsible for its own content on these pages in accordance with § 7 para.1 TMG (German Telemedia Act) and general laws. According to §§ 8 to 10 TMG, however, as a service provider he is not obliged to monitor transmitted or stored third-party information or to investigate circumstances that indicate illegal activity. Obligations to remove or block the use of information according to general laws remain unaffected. However, liability in this respect is only possible from the time of knowledge of a concrete infringement. Upon becoming aware of such violations, the operator will immediately remove this content and, if necessary, block or delete the account in accordance with section 6 or section 13.
12.term, termination of the contract
12.1 The framework agreement is concluded for a period of 12 months. The framework agreement may be terminated subject to one month's notice. If a paid contract with a minimum term has been concluded, your termination within the aforementioned period is possible at the earliest upon expiry of the minimum term. Which minimum term applies is stated in the respective service description.
12.2 Text form is required for termination. Please send an e-mail to United Events.
12.3 After the termination becomes effective, the user account will be deleted and the services of the operator are no longer usable.
12.4 The Operator has the right to terminate a contract without notice if adherence to the contract is no longer reasonable, especially if these GTC or applicable law is culpably violated. Furthermore, he is entitled to terminate the framework contract with a notice period of one month. The termination is effected by e-mail to the e-mail address provided by the user. With the effective termination of the framework agreement for good cause all existing contractual relationships regarding the use of United Events services shall end.
12.5 In the event of termination by the Operator, a new registration of the User is only possible with the express consent of the Operator. United Events users are not permitted to enable former United Events users who have been terminated by the operator to use the services or products.
12.6. The right of the user to terminate the contract for good cause remains unaffected.
13. deletion of the account
13.1 The operator is authorized to delete the account of the user, if
13.1.1. he violates the terms and conditions or applicable law, Ziff.6.
13.1.2. an effective extraordinary or ordinary termination exists.
13.1.3. he does not log in for 12 months and does not react to reactivation emails.
13.1.4. the data provided, especially e-mail and bank details, are not up to date.
13.2. The deletion of the account does not affect the payment obligation, except for the reason mentioned in 11.1.2.
14. place of jurisdiction
If you are a merchant resident in Germany as defined by the German Commercial Code, a legal entity under public law or a special fund under public law, Neumarkt in der Oberpfalz is agreed as the place of jurisdiction for all disputes arising in connection with the use of United Events.
This website contains data and information of all kinds, which are protected by trademark and/or copyright in favour of the operator or in individual cases also in favour of third parties. It is therefore not permitted to download, duplicate and/or distribute the website as a whole or individual parts thereof. Above all, technically induced reproduction for the purpose of browsing is permitted, provided that this action does not serve any commercial purpose, as well as permanent reproduction for personal use.
(2) It is permitted to set a link to this website, as long as the link serves the sole purpose of cross-referencing. The operator reserves the right to revoke this permission. Framing this website is not permitted.
(3) The operator assumes liability for the contents of his website in accordance with the statutory provisions. No guarantee is given for the correctness and completeness of the information on the website. References and links to third-party websites do not mean that the operator adopts the content behind the reference or link as his own. The contents do not constitute any responsibility of the operator for the data and information provided there. The operator has no influence on the contents behind the link. The operator is therefore not liable for illegal, incorrect or incomplete content or for damages caused by the use of content behind the link.
(4) The use of the Internet is at the user's own risk. In particular, the operator is not liable for the technically caused failure of the Internet or access to the Internet.
(5) If the contractual partner is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction shall be the operator's registered office. German law shall apply to the exclusion of the UN Sales Convention.
(6) In the event that the user is a consumer (not an entrepreneur), the reference is made to the possibility of out-of-court settlement of disputes in accordance with Art. 14 of Regulation (EU) No. 524/2013 - ODR- Regulation. Details can be found in the aforementioned regulation and at http://ec.europa.eu/consumers/odr.