Conditions of MA-Shops GmbH for shop operators

§ 1

Area of application (1) MA-Shops GmbH, Lankerner Str. 42, 46395 Bocholt, operates a shopping mall / product portal on the website www.MA-Shops.com (hereinafter referred to as the website) , which redirects users to offers from third parties (hereinafter referred to as the client). The respective client is given the opportunity to post various information on the website about the products he offers in his online shop, in particular prices, shipping conditions, product descriptions.

(2) The contractual relationships between MA-Shops GmbH and the client are based on these conditions for shop operators. Conflicting or additional terms and conditions of the customer are expressly rejected. They only become part of the contract if MA-Shops GmbH expressly agrees to their inclusion in writing.

§ 2 Offer and Acceptance

(1) Offers from MA-Shops GmbH are subject to change and non-binding; they are only a request to the client to submit a contract offer.

(2) The contract is concluded when MA-Shops GmbH accepts the offer of the client (declaration of registration) within 2 weeks by issuing an order confirmation in text form. The confirmation message about the receipt of the client's declaration of registration at MA-Shops GmbH is not yet an order confirmation. If MA-Shops GmbH begins executing the order before the client has received the declaration of acceptance, the contract comes into effect at the start of the execution of the order.

§ 3 Participation of the client / granting of rights of use and exploitation

(1) The client will support MA-Shops GmbH in the provision of the contractual services to the extent necessary for the provision of the services.

(2) The customer must ensure in particular that MA-Shops GmbH is provided with all the data, information and documents necessary for the execution of the contract free of charge and in good time. MA-Shops GmbH is to be informed in good time and without special request of all processes and circumstances that can obviously be of importance for the provision of its services.

(3) If, due to late, incorrect or incomplete information or improper cooperation on the part of the client, services are delayed or have to be repeated, the client must bear the costs for any additional work resulting from this.

(4) The customer grants MA-Shops GmbH non-exclusive and non-sublicensable usage and exploitation rights to the unrestricted use and information, in particular prices, product descriptions, shipping conditions, descriptions of the online shop, graphics, images, etc. , full or partial evaluation in all known types of use or exploitation (in particular distribution on the Internet, display on Internet pages) on or in connection with the website and other online advertising media. The rights are granted for the duration of the contract and are spatially unlimited.

§ 4 services of MA-Shops GmbH

(1) MA-Shops GmbH implements the electronic integration of the customer's product information into the database operated on the website, to which users have access and which are forwarded to the respective online shop on request via a link.

(2) MA-Shops GmbH uses the information and data provided by the customer, in particular prices, product descriptions, shipping conditions, descriptions of the online shop, etc. A specific representation of this data and information is not required by MA-Shops GmbH.

(3) MA-Shops GmbH provides a password-protected dealer area on the website, in which the client is able to change articles, process orders, etc.

(4) MA-Shops GmbH reserves the right to extend or otherwise change the services offered, provided that this change is reasonable for the client.

(5) MA-Shops GmbH owes an availability of the website of 96%. The availability is calculated on the basis of the time in the contract period for the respective calendar month minus the maintenance times. MA-Shops GmbH is entitled to perform maintenance work from 6 a.m. to 10 a.m. for a total of 4 hours on the first day of a calendar month. The website is only available to a limited extent during maintenance work.

§ 5 Access to the dealer area, personal password, liability for misuse

(1) Access to the services offered in the dealer area of the website is made possible by an access authorization (login and personal password). The client is obliged to change the automatically assigned personal password after the first use.

(2) The client undertakes not to pass on his personal password to third parties. If third parties come into possession of the access code through culpable action on the part of the customer, the customer shall be liable for all damage resulting from this for MA-Shops GmbH. As soon as the client becomes aware of an unauthorized use of his access code, he must inform MA-Shops GmbH immediately.

§ 6 Obligations of the client

(1) The customer must ensure that the information and data provided by MA-Shops GmbH, in particular prices, product descriptions, shipping conditions, descriptions of the online shop, graphics, images etc., are current and correct and not against violate legal provisions.

(2) When using the services offered by MA-Shops GmbH, the client undertakes not to disseminate, load or publish any content that violates or affects the rights of third parties. In particular, the distribution and use of content that violates Section 130 of the Criminal Code (incitement to the people), contains right-wing or left-wing extremist propaganda, violates the personal rights of third parties (insult, defamation, defamation), acts of violence or sexual abuse represent children or are dangerous for young people. This also applies if the named content is included by the client via link or frame.

(3) The client is solely responsible for the content distributed by him or using his access code. These must not violate German or foreign copyright law or other third-party legal standards, in particular trademark and name law.

(4) MA-Shops GmbH reserves the right to suspend all or individual services, to block access to the data and information concerned, to initiate legal action and, if necessary, the law enforcement authorities in the event that the client violates the above provisions or makes illegal use to support or switch on. The customer releases MA_SHOPS GmbH from all third party claims that are asserted against MA-Shops GmbH due to a violation of the customer's contractual obligations, in particular the obligations listed in the aforementioned paragraphs. The client's duty to indemnify relates in particular to all expenses and damages, including the costs of legal defense,

§ 7 Fees

(1) The amount of the fees for the services offered result from the currently valid price list of MA-Shops GmbH, which can be called up in the protected admin area. The stated prices are net prices and are to be paid by the customer plus the applicable statutory value added tax.

(2) The amount of the fees - apart from the monthly basic fee - is determined by the amount of the order amount in the online shop of the client.

(3) In the event of unavailability, MA-Shops reserves the right to charge a cancellation fee. The cancellation fee can go up to the amount of the sales commission.

§ 8 Terms of Payment, Objections

(1) The payments due are communicated by MA-Shops GmbH by invoice.

(2) The fees are billed monthly and are due 14 days after receipt of the respective invoice and must be paid by direct debit or bank transfer.

(3) Objections to the amount of the invoiced services must be raised in writing and within 6 weeks after receipt of the invoice by MA-Shops GmbH. If the client does not object to the invoice issued by MA-Shops GmbH within this period, this is deemed to be approved. MA-Shops GmbH will separately inform the client of the consequences of missing the deadline in the respective invoices.

§ 9 Offsetting / right of retention

The client is not entitled to offset against payment claims of MA-Shops GmbH, unless his claims have been legally established or are not in dispute. The customer only has the right to refuse performance and retention if it is based on the same contractual relationship.

§ 10 Duration and termination of the contract

(1) The contract is concluded for an indefinite period.

(2) The contractual relationship can be terminated in text form at the end of a calendar month.

(3) The right to terminate for an important reason remains unaffected. An important reason, which entitles MA-Shops GmbH to extraordinary termination, exists in particular if the client violates essential contractual obligations, in particular those pursuant to § 6.

§ 11 Changes in prices, service descriptions and general terms and conditions

MA-Shops GmbH reserves the right to change the fees, the service descriptions and the general terms and conditions with one month's notice. MA-Shops GmbH will notify the client of any changes in text form. With the notification, the client receives the express notice that the respective change is deemed to be contractually agreed if the client does not object in writing within one month of receiving the notification of the change. The contract will then continue without the proposed change. The right of the contracting parties to terminate the contract remains unaffected.

§ 12 Provision of hardware and software

The client is responsible for the procurement and availability of the software and hardware (especially computers, operating software, etc.) required to use the services provided by MA-Shops GmbH and bears the costs incurred for this. If the data is imported, the client must ensure that the article file provided by him, including the unrestricted access to this file, is functioning properly for MA-Shops GmbH at his own expense. MA-Shops GmbH does not vouch for the fact that the software and hardware previously available to the client is sufficient and compatible for the use of the services of MA-Shops GmbH.

§ 13 liability of MA-Shops GmbH

(1) The liability of MA-Shops GmbH is excluded if the damage is based on slight negligence. However, if the damage in the aforementioned cases results from the violation of essential contractual obligations (cardinal obligations), in particular those obligations whose breach jeopardizes the achievement of the purpose of the contract, the liability of MA-Shops GmbH is not completely excluded in deviation from the above regulation, but to the contract-typical and foreseeable damage is limited to a maximum amount of € 100,000.00 per claim.

(2) The liability restrictions in accordance with the previous paragraph do not apply if an injury to life, limb, or health has occurred and / or if MA-Shops GmbH has assumed a quality guarantee in individual cases and / or if the Product Liability Act applies.

§ 14 Data protection

MA-Shops GmbH collects and stores personal data necessary for the establishment and amendment of this contract (inventory data: name, address, domain of the online shop, email address, account number, bank details, access data to the article file, if applicable). In addition, MA-Shops GmbH collects and stores the data necessary for billing (billing data: euro amounts, usage data: shop sales).

§ 15 other conditions

(1) For all legal relationships from this contract, the law of the Federal Republic of Germany applies exclusively, to the exclusion of the uniform UN Convention on the International Sale of Moving Goods (CISG).

(2) If the client is a merchant, a legal person under public law or a special fund under public law, Bocholt is the place of performance and exclusive place of jurisdiction.

(3) Changes and additions to this contract - including this provision - must be in text form to be effective.

(4) Should a provision of this contract be or become ineffective or should this contract contain a loophole, the effectiveness of the remaining provisions of this contract remains unaffected. In the place of the ineffective provision, the agreement which the parties would have made, taking into account the economic purpose pursued by the ineffective provision, would have been reached if they had known the ineffectiveness. A gap is filled by means of a supplementary contract interpretation by such a provision that comes as close as possible to the economic purpose pursued by the parties at the time the contract was concluded, without being ineffective.