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GENERAL TERMS AND CONDITIONS OF USE FOR CUSTOMERS
TABLE OF CONTENTS:
- I. Preamble
- IV. General terms and conditions which are only available for sale by Prime Online Ltd. via the Watchhome marketplace
- V. Other
These general terms and conditions regulate the use of the online marketplace Watchhome.com of 5 Brayford Square, London, England, E1 0SG, Great Britain (hereinafter referred to as "Marketplace" or "Marketplace Operator").
Under “General Terms and Conditions, which only concern sales by Valuta Online via the Watchhome.com marketplace”, there is again a reference to the regulations that apply specifically to this process.
Finally, under the point “Miscellaneous”, further general information is given.
In general, the Prime Online companies offer you the opportunity to use various offers and services at www.galleriea.de as well as sub and secondary pages. A comprehensive login is the basis for using the various offers and services. This is a so-called single sign-on service, through which users can use several offers from different companies with a uniform log-in data. The administration of the user data takes place centrally via Prime Online. The use is basically free of charge. By contrast, the use of specific offers may result in costs that are presented transparently in accordance with the legal requirements. The same applies to any third-party services required, such as an Internet connection.
2 CUSTOMER ACCOUNT
In principle, it is possible to use our website without registering. You only need to register a personal customer account (short: account) to use certain functions / services on our website and to make purchases via the marketplace.
There is no fundamental right to registration and use of the functions of our website.
Individual adult and fully legally competent natural persons (but not groups of persons such as families or married couples), legal persons and partnerships can register.
Furthermore, the following conditions apply to the creation of an account:
The account registration is free.
When registering his account, the customer has a salutation, his full name and email address and a password (access data) to choose. The customer is responsible for ensuring that the information provided by him during registration is true and complete. If a customer provides incorrect or incomplete information, the marketplace is entitled to terminate and delete the customer's account without notice.
Under no circumstances is the customer entitled to pass on his access data and in particular his access password to third parties. Should third parties nevertheless gain access to the customer's account or the customer have other indications of misuse of his account, the customer must inform the marketplace team immediately and change his access data.
Multiple registrations by a customer are not permitted.
Deregistering an account is just as quick and easy. To do this, the customer can use the “Log off account” link in the “My Account” management. The logout process for the account will be initiated immediately.
In the event of misuse, the marketplace team reserves the right to delete the account immediately and to initiate legal steps.
3 DECLARATION OF CONSENT / AGE VERIFICATION
Before customers are shown images of FSK-18 articles or the purchase of these articles is enabled, we must verify the customer's identity.
We use the following identification procedures to verify age: Skype, SOFORT Ident, SCHUFA or the POSTIDENT procedure.
The customer can find out exactly how to do this in the account settings: To do this, the customer must first log in with his access data and select the sub-item “Account Settings” under “Settings”. With a click on "FSK-18 activation" the customer is then guided through the further steps. The test is of course free of charge for customers. It should be noted, however, that a so-called FSK-18 address must be stored in order to initiate an age verification.
In the course of this, there is no credit check based on the data stored at SCHUFA. The data transmitted to SCHUFA are not stored in the SCHUFA database or are only stored in the SCHUFA database for reasons of proof of the fact of the Identity Check Premium.
More information can be found at, among others www.meineschufa.de.
4 EVALUATION SYSTEM AND DIRECT ADVERTISING
The customer has the option of evaluating both each transaction and the seller after it has been carried out using the evaluation system provided in the marketplace area on galleriea.de. The customer is only entitled to use the rating system for this purpose.
Every customer undertakes
- to only provide truthful information,
- to only provide factual information and in particular not to make any insults or other disparaging remarks,
- to include only circumstances in the valuation that are directly related to the transaction carried out; In particular, any illegal content, content that violates the rights of third parties, as well as links or references to external websites and advertisements for offers outside of galleriea.de are prohibited.
The marketplace can remove reviews if there are indications of a violation of these general terms and conditions, rights of third parties or other applicable law.
If customers have made purchases via the marketplace, the marketplace also uses the e-mail address provided in connection with the purchase for service information such as satisfaction surveys and for advertising its own similar offers by e-mail. In such a case, only direct advertising for our own similar goods or services will be sent via the newsletter. The processing can be contradicted at any time. The revocation must be communicated in text form to the following address: firstname.lastname@example.org or the link given in every email is used to completely unsubscribe from the newsletter. This also enables you to withdraw your consent to the storage of the personal data collected during the registration process.
No liability for partner sites
As an operator of this website, we may work with various partners who also offer services on their websites that are accessible through our website. These partners may have their own data protection declarations and / or guidelines. We are not responsible for the content and data protection declarations of our partners.
Copyright / trademark rights
The content on our website is protected by copyright. The downloading of all content is only permitted for private, non-commercial use without our consent. Linking is only permitted with our consent. The use and application of all logos and brands is prohibited to third parties.
5 WARRANTY / LIABILITY
The operator endeavors to provide all functionalities of the website as permanently and trouble-free as possible. Due to technical conditions such as configuration changes, maintenance, device failure, etc. however, this cannot be completely guaranteed. In the event of a service failure, the operator will endeavor to restore the usability without any complaints as soon as possible. The operator is not responsible for any consequences resulting from a lack of (complete) usability. The operator reserves the right to only provide or completely discontinue all functions of the website in the future with a reduced and / or changed scope of functions. The user has no contractual right to (continued) usability of this (free) service. The respective providers are solely responsible for the provision of services within the framework of the individual offers. The operator is not responsible for any resulting claims. The same applies to other contributions from independent third parties such as an Internet provider.
In addition, the operator is only liable for claims for damages by the user resulting from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as for other damage resulting from an intentional or grossly negligent breach of duty by the operator, their legal representatives or Vicarious agents are based. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract. In the event of a breach of essential contractual obligations, the operator is only liable for contract-typical, foreseeable damage if this was caused simply by negligence, unless it concerns claims for damages by the user resulting from injury to life, limb or health.
6 TERM OF USE & TERMINATION
Both the operator and the user can terminate the user relationship at any time without observing a deadline. As part of the administration of the account, the deletion of the same can be initiated by the user at any time. To do this, the customer can use the “Log off account” link in the “My Account” management.
7 DATA PROTECTION
The processing of your personal data takes place in compliance with your legal position under data protection law. To carry out the service, it is necessary that the data you provide is forwarded to the provider of the offer used in each case in order to enable the latter to authenticate the user and to provide the services commissioned as part of the offer (e.g. shipping and billing of ordered goods). Details on this can be found in our data protection declaration.
8 PLACE OF JURISDICTION / APPLICABLE LAW
For differences of opinion and disputes on the occasion of this contract, the law of the Federal Republic of Germany applies exclusively to the exclusion of the UN sales law. The sole place of jurisdiction for use by merchants, legal entities under public law or special funds under public law is the seat of the operator of the marketplace.
1 SCOPE OF APPLICATION, CONTRACTUAL PARTNERS
Among other things, a marketplace is provided on galleriea.de. Various natural and legal persons and partnerships (“commercial users of the marketplace”) can post sales offers for goods on this marketplace, provided that their offer, purchase or publication does not violate legal or contractual provisions.
In addition to the product selection, customers can choose between various providers. In their function as legal seller, they are already named as such when the offer is presented under "Seller:" and are listed as part of the order processing. More information about the respective sellers can be found by linking the corresponding pseudonyms.
2 CONCLUSION OF SALES CONTRACT AND ORDER PROCESSING
The contracts are concluded exclusively between customers and sellers of the marketplace. If the customer chooses the seller Prime Online LTD., reference is made to the following provisions. In addition to the provisions that can be viewed here, the provisions of the respective seller apply, which can be viewed via the link to the corresponding pseudonym.
The order itself - from recordings to reverse processing - is also processed via the systems of the marketplace, but the legal responsibility both with regard to the offer itself and the execution of the order lies with the respective seller.
3 PAYMENT PROCESSING
The payment service provider offers payment services for the processing of contracts for the purchase and sale of products between the customer and the seller, which are concluded on the marketplace. The payment service provider accepts the payments from the customer using the various payment methods for the seller on his own account with a credit institution and pays the funds from the sale of the products to the seller.
For the payment itself, customers can choose between the payment options provided on the marketplace or the payment methods offered by the Klarna or Consors Finanz financing service.
The payment methods provided include in particular, but not exclusively, payment in advance, PayPal and credit card. The payment methods offered by Klarna include, in particular, payment via Klarna invoice, Klarna installment purchase, direct debit and instant transfer.
In the case of individual payment methods, where there is a risk of payment default or increased risk of fraud, a SCHUFA and / or Bürgel query, or fraud prevention measures on the part of the payment service provider or one of the connected payment providers, can be carried out if a customer uses the corresponding payment method Selects "purchase on account" or other payment methods. With the payment methods Klarna invoice and Klarna installment purchase, for example, Klarna checks and evaluates the customer's data and, if there is a legitimate reason, exchanges data with other companies and credit agencies. If the customer's creditworthiness is not guaranteed, Klarna can then refuse Klarna's payment methods and must point out alternative payment options. With the Consors Finanz payment method, Consors Finanz checks and evaluates the customer's data and, if there is a legitimate reason, exchanges data with other companies and credit agencies. If the customer's creditworthiness cannot be guaranteed, Consors Finanz can also refuse the customer the payment methods and must point out alternative payment options. When paying by credit card, fraud prevention measures are also taken.
4 DATA PROTECTION
The data that you enter for the purpose of ordering in the check-out are processed as part of your order and the associated processes and, in this context, may be passed on to third parties from the EU and third countries, in particular the respective seller and the payment service / payment method provider .
In addition to transferring the data necessary for the fulfillment of the legal transaction as part of the order processing, the sellers also have access to the complaint system and can see the exchange of messages about the tickets there.
Further information can be found in the data protection declaration, which is part of these general terms and conditions.
IV. GENERAL TERMS AND CONDITIONS ONLY FOR SALE BY PRIME ONLINE LTD. ABOUT THE MARKETPLACE WATCHHOME.COM
For all orders from customers with the seller Prime Online Ltd. (hereinafter referred to as Watchhome.com marketplace or seller) on the marketplace, the general terms and conditions that govern the sale by Prime Online Ltd. also apply . via the Watchhome.com marketplace.
The marketplace operator reserves the right to change the general terms and conditions at any time and without giving reasons by email. The changed general terms and conditions will be sent to the customer by email no later than two weeks before they are due to come into force. If the customer does not object to the validity of the new general terms and conditions within two weeks of receiving the email, the amended general terms and conditions are deemed to have been accepted. In the email containing the amended General Terms and Conditions, the seller will separately inform the customer of the significance of this period, the right to object and the legal consequences of remaining silent. This change mechanism does not apply to changes to the main contractual performance obligations.
The law of the Federal Republic of Germany applies to the exclusion of the UN sales law. With regard to the legal relationship with consumers, this choice of law only applies to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
If the customer does not have a general place of jurisdiction in Germany or if the customer is a merchant within the meaning of the Commercial Code (HGB), the place of jurisdiction for all legal disputes is the seat of the marketplace operator. The marketplace operator is also entitled to sue at the customer's general place of jurisdiction.
The marketplace operator reserves the right to transfer all or individual rights and obligations from this contract to third parties. The marketplace operator will inform the customer about this two weeks before the intended transfer.
According to current law, the marketplace operator is obliged to inform consumers of the existence of the European online dispute resolution platform, which can be used to settle disputes without having to involve a court. The European Commission is responsible for setting up the platform. The link to the European online dispute resolution platform can be found here: ec.europa.eu/odr
The marketplace operator is neither willing nor obliged to participate in dispute settlement proceedings before a consumer arbitration board according to the Consumer Dispute Settlement Act