General Terms and Conditions of Business of Elferspot Media GmbH and Elferspot
By ticking the box to agree to the General Terms and Conditions of Business (hereinafter “T&C”) of elferspot.com, you consent to the application of these T&C.
If you are acting as a consumer within the meaning of the legal provisions, you have the following right of cancellation:
Information on the right of cancellation
Right of cancellation
You have the right to cancel this contract within fourteen days without giving reasons. The cancellation period is fourteen days from the date on which the contract is concluded.
In order to exercise your right of cancellation, you must inform us
Elferspot Media GmbH
of your decision to revoke this contract with a clear statement to this effect (e.g. with a letter sent by post, fax, or email). You may use the attached sample cancellation form, although this is not mandatory.
To meet the cancellation deadline, it is sufficient to notify us that you intend to exercise your right of cancellation before the cancellation deadline.
Consequences of cancellation
If you cancel this contract, we shall refund all payments that we have received from you, including delivery costs (except for the additional costs resulting from your having chosen a different type of delivery than the most reasonable standard delivery offered by us), promptly and no later than within fourteen days from the date on which we received notification that you are cancelling this contract. For this refund we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; on no account will you be charged fees due to this repayment.
Shipping, shipping times
We ship the products from our online shop generally worldwide and at the corresponding shipping costs. The delivery service mainly used by us is the Austrian Post AG. But other, international delivery services are also commissioned by us.
We deliver goods in stock within Europe – if not stated otherwise in the product – usually within 3 to 10 working days to the delivery address you have specified. Outside of Europe, the goods are usually delivered within 20 working days. If an item can not be shipped exceptionally within the usual delivery times, we will inform you as soon as possible of a new, expected delivery date. We point out that all information on the availability, shipping or delivery of a product is expected information and approximate guide values. They do not constitute binding or guaranteed shipping or delivery dates.
In case of a return within the legal deadlines, we will refund the purchase price. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return the goods to us immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of the purchase agreement.
The return of the goods is at your expense.
Return address: Elferspot Media GmbH, Peter-Behrens-Platz 9, 4020 Linz, Austria
You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functioning of the goods.
Prices and payment
All prices in the online shop are inclusive of statutory taxes. Mistake and changes in prices are reserved. Elferspot offers Paypal and credit card (Visa / Mastercard – via PayPal Plus) as payment methods. With each order we reserve the right not to offer certain payment methods and to refer to other payment methods.
For the use of the online market place named “Elferspot” (hereinafter “Online Marketplace”) operated by Elferspot Media GmbH, Peter-Behrens-Platz 9, 4020 Linz, Austria, (hereinafter “Elferspot Media GmbH” or “Elferspot”) the Conditions of Use listed below apply; these are also retrievable at any time via a link on the Online Marketplace.
- Elferspot Media GmbH operates databases that are accessible via the Internet, in particular the “Elferspot” Online Marketplace, which places and/or advertises vehicles of the “Porsche” brand or corresponding replicas for sale to any natural or legal person or partnership with unrestricted legal capacity (“User”). Users can peruse the advertisements via the search criteria provided by Elferspot Media GmbH.
- Elferspot Media GmbH only provides the technical prerequisites for the transmission of advertisements placed by Users. Elferspot Media GmbH has no influence on the content of the advertisements.
- Each User is solely responsible for the content of his/her advertisements. Elferspot Media GmbH does not check the accuracy or completeness of the content, nor does it assume any liability for its accuracy or completeness. Elferspot Media GmbH excludes any warranty and liability for the fact that the advertisements meet the legal requirements. Furthermore, Elferspot Media GmbH excludes any warranty and liability that may arise from the fact that sales contracts that are initiated or concluded on the basis of the advertisements placed on “Elferspot” Online Marketplace are not enforceable under the national law of a particular country or in any other way lead to legal or economic disadvantages for one or both parties to the contract of sale.
- Elferspot Media GmbH is not involved in the relationship between the seller and the prospective buyer either as an intermediary, as a contracting party or as a representative of a contracting party. In particular, Elferspot Media GmbH itself is not the provider or seller of the advertised vehicles. Contracts that were initiated via the Online Marketplace as a result of a published advertisement are concluded without any participation by Elferspot Media GmbH. Elferspot Media GmbH is also not involved in the fulfilment of the contracts.
- The following languages are available for concluding the contract: German, English
Registration and user account
- Certain functions of the Online Marketplace are only available after prior registration. Registration is free of charge. With registration, a contract is established between Elferspot Media GmbH and the respective User for the use of the “Elferspot” Online Marketplace. There is no entitlement to the conclusion of a use agreement.
- Registration is only permitted for legal persons, partnerships and natural persons who have unrestricted legal capacity. In particular, minors within the meaning of the law of the Federal Republic of Germany may not register with “Elferspot”.
- To register, the User must complete the requested data completely and correctly and consent to these Conditions of Use. When registering, Elferspot Media GmbH provides the User with technical assistance in the form of a standard completeness and plausibility check, with which input errors can be identified and corrected. To register, the User must provide a valid e-mail address and a personal password. The personal password must be kept secret and not be passed on to third parties. To be effective, the registration requires confirmation by Elfersport Media GmbH. Only after this confirmation is a user contract for the use of the Online Marketplace established and a user account for the respective User created. The account is personal and non-transferable. If the data given during the registration changes, the User is obliged to update this in his/her user account in a timely manner.
- Each User may register only once. As part of the registration and the ongoing contractual relationship, Elferspot Media GmbH is entitled to demand from users who are acting within the meaning of § 14 of the German Civil Code [Bürgerliches Gesetzbuch – BGB] (“traders” or “entrepreneur”) the submission of an excerpt from the trade or commercial register (if available) or other documents and information that seem advisable or appropriate for the registration or maintenance of the contractual relationship.
- Registered Users must ensure that the data provided by them is up-to-date. Personal access data must be protected against access by third parties and treated confidentially. Should third parties nevertheless gain knowledge of the access data, Users must immediately report this to Elferspot Media GmbH and change their access data.
- Elferspot Media GmbH provides an input screen for advertisements, activates the advertisements placed via this and enables the retrievability of advertisements via the www.elferspot.com Online Marketplace. The presentation and the range of functions may differ depending on the type of access (desktop or mobile phone application – “App” -).
- Elferspot Media GmbH also provides additional services, the respective content of these is described on the Online Marketplace. Chargeable additional services are always marked as such by Elferspot Media GmbH. In addition, Elferspot Media GmbH brokers certain third-party services (identified as such on the Online Marketplace). In doing so, Elferspot Media GmbH does not become a contractual partner itself nor provide any services.
- Elferspot Media GmbH promotes the Online Marketplace “www.elferspot.com” and/or the advertisements posted by Users itself and using third parties, for example by integrating the advertisements or excerpts thereof on its own or third-party websites, in social media (such as Facebook or Instagram), in emails, at trade fairs or through print, radio and television marketing campaigns.
- Elferspot Media GmbH is entitled to provide third parties with access to the data, information and content published via the Elferspot Online Marketplace.
- The right to use the Online Marketplace Elfersport exists only within the framework of the current technology.
- Elferspot Media GmbH reserves the right to temporarily restrict access to the Elferspot Online Marketplace for an important or technical reason. An important reason is, for example, when a limitation in terms of capacity limits is required for the security or integrity of the servers or for the implementation of technical measures, in particular for the proper provision of services. A technical reason exists, for example, in case of unforeseen system failures.
Placing and extension of advertisements
- Each User can post advertisements via the corresponding input screen. Before the binding placement of an advertisement, Users have the opportunity to check their details and to correct input errors via the “Back” button or navigation within the input screen. Only by selecting (clicking) the correspondingly designated button (e.g. “advertise” or “advertise with payment obligation”) do Users submit a binding offer to conclude the corresponding contract. Elferspot Media GmbH accepts such an offer by publishing the advertisement on the Online Marketplace and sending the User a confirmation by e-mail. With this confirmation the contract for the placement of the advertisement is established.
- Advertisements placed by consumers are available via the database on the Online Marketplace for 90 days, by traders for (at least) 30 days, provided their publication is not terminated by the respective User before this. When calculating the deadline, the day on which the advertisement is published is not counted.
- When and/or after withdrawing an advertisement, Users have the option to mark successfully sold vehicles (or the advertisements on which these are based) as “sold”. The correspondingly marked advertisements can still be called up via the Online Marketplace and viewed by Users of the Online Marketplace and thus serve in particular as a reference for the seller.
- The Online Marketplace is a specialised marketplace for the vehicles of the brand “Porsche” or replicas present in its own database. Other vehicles cannot be advertised through the Online Marketplace. If a vehicle for sale has not yet been added to the database, the inclusion of the vehicle can be requested from Elferspot Media GmbH. Elferspot Media GmbH will process the request within a reasonable time and, provided that, in the opinion of Elferspot Media GmbH, it falls within the vehicles defined for the Marketplace, will then release immediately for publication.
Requirements for the content of advertisements
- The advertisements must be correct in form and content at all times. In particular, defects of the vehicle (hidden and/or obvious) and other circumstances that reduce the value not insignificantly must not be concealed. Advertisements with incorrect price indication, e.g. indication of price without sales tax or VAT in the case of vehicles subject to regular taxation or, in the case of financing offers, without the mention of down payments or instalments in the price field are also not permitted.
- If a vehicle offered is a replica, this must be clearly indicated, in particular by selecting the appropriate category on the input screen and through the content of the published text. The information provided by the User as well as the uploaded images of the replica must not violate the rights of third parties, particularly not existing trademark and/or design rights. Correctly categorised replicas are marked as such by the Elferspot Media GmbH in the presentation of the advert.
- It is not permitted to offer several vehicles within one advert, either individually or as a package. It is also not permitted to advertise the same vehicle multiple times simultaneously in one of the main categories offered on the Online Marketplace. Purchase advertisements or search requests and advertisements intended to advertise another product or service are also prohibited. The specification of service telephone numbers which are directly or indirectly associated with special charges for the caller, especially numbers with the area code “0900” is also not permitted. Finally, the provision of links to external websites is prohibited unless these are required by law.
- If a User places advertisements on the Online Marketplace via a data service provider commissioned by the User, the User is obliged to check the transmitted data for completeness and accuracy. The User remains responsible for all advertisements placed via his/her user account, irrespective of whether these have been placed by him/her or by a commissioned/authorised third party.
Measures taken in the case of non-compliance with the Conditions of Use
Elferspot Media GmbH reserves the right to block advertisements, terminate user contracts and/or to take further action if there are concrete indications that a User is violating legal regulations, third-party rights or these Conditions of Use. The choice of the respective measure shall be at the discretion of Elferspot Media GmbH. Each measure will be subject to prior verification of proportionality. In particular, legitimate interests, the seriousness of the violation and the behaviour of the User in the past shall be taken into account.
Indemnification and limitation of liability
- The User indemnifies Elferspot Media GmbH from all claims that third parties assert against Elferspot Media GmbH due to the infringement of their rights by the User’s advertisement or other use of the Elferspot Online Marketplace by the User. The User shall also bear the costs of the necessary legal defence by Elferspot Media GmbH in connection with this, including all court, legal and/or patent attorney fees. This shall not apply if and to the extent that the User is not responsible for the infringement.
- Elferspot Media GmbH shall be liable to entrepreneurs for damages, except in the case of a breach of essential contractual obligations, only if and to the extent that Elferspot Media GmbH, its legal representatives, executives or other vicarious agents are guilty of intent or gross negligence. In the case of breach of essential contractual obligations, Elferspot Media GmbH shall be liable for any culpable conduct of its legal representatives, executive employees or other vicarious agents.
- Elferspot Media GmbH is liable to consumers only for intent and gross negligence. In the case of breach of essential contractual obligations, the default of the debtor or the impossibility of providing services for which Elferspot Media GmbH is responsible, Elferspot Media GmbH shall, however, be liable for any culpable conduct of its legal representatives, executive employees or other vicarious agents.
- Except in the case of intent or gross negligence of legal representatives, executives or other vicarious agents, the liability of Elferspot Media GmbH shall be limited to the damages typically foreseeable at the conclusion of the contract.
- A liability for the compensation of indirect damages, in particular for lost profit, shall exist only in the case of intent or gross negligence of legal representatives, executive employees or other vicarious agents of Elferspot Media GmbH.
- The aforementioned exclusions and restrictions of liability with respect to entrepreneurs or consumers do not apply in the case of the assumption of express guarantees by Elferspot Media GmbH or for damages resulting from injury to life, limb or health as well as in the case of mandatory legal regulations.
- Registration is free of charge. For the submission and renewal of an advertisement as well as for the additional and fee-based (and marked as such) services available via the Online Marketplace, the flat rate defined in the respective applicable price list at the time of the submission or renewal of the advertisement or the commissioning of the additional services applies. Different prices apply for consumers and traders.
- For consumers, the fee is payable upon the conclusion of the contract for the publication of the respective advertisement or for the respective additional service. For entrepreneurs and/or entrepreneurial traders, the fee is due for payment after receipt of an invoice from Elferspot Media GmbH for the fee incurred in the respective month.
- The payment methods available to Users are credit card collection, PayPal or SEPA direct debit. If the collection of the receivable fails, the User must reimburse Elferspot Media GmbH for any additional costs incurred, unless he/she is not responsible for the failure and/or can prove that no damages occurred at all or only to a significantly lesser extent. The invoice shall be sent by e-mail only.
- In the event of late payment, Elferspot Media GmbH is entitled to withhold its own service and to block the advertisement of the respective User.
General obligations of the User / Intellectual property
- Searches may only be made via the search screen offered on the Online Marketplace. Searching by circumventing the search screens, in particular by using search software that accesses the website or the databases, is not allowed. The User also undertakes to refrain from electronic attacks of any kind on the Online Marketplace. In particular, attempts to overcome, circumvent or otherwise override the security mechanisms of the Online Marketplace or to use computer programs for automatic data readout, the use and/or distribution of viruses, worms, Trojans, brute force attacks and spam are considered as electronic attacks.
- The User acknowledges that all existing rights to the Online Marketplace, including all intellectual property rights such as copyrights, trademarks, patents and all other intellectual property rights, belong exclusively and unlimitedly to Elferspot Media GmbH or third party licensors of Elferspot Media GmbH.
- The User may not reproduce, modify, decompile, prepare derivative works of, reverse engineer, disassemble or translate the Online Marketplace, or in any other way attempt to convert the Online Marketplace into source code. This applies, however, only to the extent that such an act is not expressly permitted under §§ 69d and 69e UrhG (German Copyright Act).
- Users can delete their user account at any time and thereby terminate the underlying user contract. In the case of termination by the User, current (published) advertisements of the User will be terminated immediately. No refund of the fee paid for the submission or renewal of the advertisement shall take place if the User terminates the contract him/herself.
- Elferspot Media GmbH may terminate the user contract concluded by means of the registration at any time with a notice period of 14 days. Current (published) advertisements of the User shall remain in place in the event of termination by Elferspot Media GmbH until they expire as such; these can be edited by the User – in the same way as during the contract period – via the user account. Only an extension of the duration of the advertisement is excluded. In all other respects, the regulations in these Conditions of Use continue to apply for current advertisements.
- Upon termination of the user contract, the advertisements marked as “sold” will be anonymised by Elferspot Media GmbH by removing all references to the identity of the respective provider in the advertisements. The advertisements shall remain publicly available via the Online Marketplace.
- The right of Elferspot Media GmbH to terminate the contract as well as to block a User, to delete content, to delay publication and to effect other restrictions in accordance with these Conditions of Use shall remain unaffected by the above provisions.
When using the Online Marketplace, Elferspot Media GmbH collects and processes personal data of the Users. The data processing takes place in accordance with the data protection declaration of Elferspot Media GmbH.
- Elferspot Media GmbH reserves the right to amend these Conditions of Use at any time without giving a reason. The changed conditions will be sent to Users by e-mail at the latest two months before they enter into force. If a User does not object to the validity of the new conditions of use within two months of receiving the e-mail, the changed conditions of use shall be deemed accepted. Elferspot Media GmbH will separately inform the User in the e-mail containing the amended conditions of use of the possibility of objecting and the significance of the two-month period.
- Legal relationships between Elferspot Media GmbH and the User shall be governed by the laws of the Federal Republic of Germany, excluding the UN Sales Convention. If the User is a merchant within the meaning of the German Commercial Code (HGB), Munich is agreed as the exclusive place of jurisdiction for all disputes arising from the use of the Online Marketplace.
- Elferspot Media GmbH may use affiliated companies for the purpose of fulfilling the contract and exercising the rights arising from this contract. With a notice period of four weeks, Elferspot Media GmbH is entitled to transfer all or part of its rights and obligations under this contractual relationship to third parties.
- Amendments and additions to this contract of use shall require the written form to be valid. This also applies to an amendment of this written form clause. No oral or written auxiliary agreements have been made.
- If individual provisions of these Conditions of Use are or become partially or completely void or invalid, this shall not affect the validity of the remaining provisions. Any non-included or invalid provisions of these Conditions of Use shall be replaced by statutory law. Insofar as such statutory law is not available in the respective case (loopholes) or would lead to an unacceptable result, the parties shall enter into negotiations to adopt an effective provision which approximates the non-included or invalid provision as closely as possible in terms of economic outcome.