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General Terms and Conditions

These General Terms and Conditions are valid from July 1, 2016

The following are the General Terms and Conditions (GTC) of the company Aktiengesellschaft Herando (a.s.) (hereinafter: "herando.com"), V Jámě 1/699, 110 00 Prague 1, Czech Republic:

These General Terms and Conditions regulate the contractual relationship, including test accounts between herando.com and the Users for the herando.com service for the website and local and mobile applications and applications (hereinafter “herando.com service”).
 

§ 1 General

1. hierdo.com operates databases accessible via the Internet in which registered participants (hereinafter: participants) post goods for sale for a fee and in which other participants can search for goods using the search function provided by herando.com. The goods offered on the herendo.com internet platform are exclusively the following:

2. Registered participants can also place advertisements under the "Investments" section for the following products:

3. These General Terms and Conditions apply exclusively between herando.com and the participants in the databases operated by herando.com. Different, conflicting terms and conditions of a participant are not valid.

4. herando.com provides the technical requirements for transmitting advertisements from participants in the form of databases (herando.com as provider). hierdo.com has no influence on the content of the advertisements. In particular, herando.com is not itself the provider of the offers posted. This does not apply in the event that the participant agrees with herando.com that herando.com should act as a broker and therefore has an interest in selling the offer (herando.com as a broker). However, this requires a separate agreement and does not apply to advertisements from the Investments section, since herando.com acts exclusively as a provider for these advertisements and under no circumstances itself as a provider or agent/broker.

5. herando.com as a provider: herando.com is not involved in the relationship between the participant and the prospective buyer or buyer either as an intermediary, as a party or as a representative of a party. Contracts that were initiated as a result of an advertisement placed via the herdo.com service are concluded and fulfilled without the involvement of herdo.com.

6. herando.com as a broker: herando.com acts as an intermediary (broker) in the relationship between the participant and the prospective buyer or buyer and acts itself to initiate, support or broker the sale of the goods. However, even in such a case, hierdo.com is neither entitled nor obliged to make legally binding declarations or conclude contracts on behalf of the participant.

 

§ 2 Subject of the contract and scope of the service

1. The service owed by herendo.com is to provide an input mask for advertisements, to activate the posted advertisements and to enable the advertisements to be accessed via the Internet for the period agreed with the participant. The services provided are used on the basis of the applicable price list or through a written agreement for project-related email marketing, referral marketing, personal customer support, setting up the customer account as well as preparing advertisements and providing images for the advertisement. However, these services require a separate written agreement, which is submitted to the customer in writing through an offer from Herando. Herando and its employees do not guarantee the success of finding buyers in the areas of real estate, boats, cars, watches and investments or finding investors.

2. Each participant can place several advertisements on hierdo.com.

3. herando.com promotes the herdo.com service and the advertisements posted by the participants itself and through third parties, for example through software applications, integration of the advertisements or excerpts thereof on other websites or emails or other marketing campaigns. hierdo.com also allows third parties to advertise their offers and services via the herando.com service. In order to support these activities, herdo.com can also provide third parties with access to the data, information and content published via the herdo.com service.

The participant grants herdo.com, free of charge, the non-exclusive, transferable and sublicensable right, unrestricted in time, space and content, to use the content that they have transmitted to herendo.com in any form, in particular to make the content publicly accessible, to reproduce, to distribute and how to edit as regulated below, in particular:

The participant also agrees that translations of his advertisements may be made for integration into foreign websites and software applications.

The participant assures that he has prepared the aforementioned content himself and/or is entitled to pass it on to hierdo.com to the extent specified above.

4. The right to use the herardo.com service and its functions only exists within the scope of the current state of the art.

5. hierdo.com can link the use of the herdo.com service or individual functions of the herdo.com service or the extent to which individual functions and services can be used to certain requirements, such as: B. Checking the registration data, duration of the contractual relationship, type and extent of use, and making it dependent on the fulfillment of certain security precautions.

6. hierdo.com reserves the right to temporarily restrict the ability to enter and access advertisements if this is necessary for technical or security reasons or capacity reasons. hierdo.com takes into account the legitimate interests of all participants within reasonable limits.

 

§ 3 Registration and conclusion of contracts

1. By registering and transmitting the participant's data, an offer is made to conclude a contract for the use of the herendo.com service subject to these General Terms and Conditions.

2. After receipt of the offer, hierdo.com decides whether to accept it at its own discretion. There is no obligation on the part of hierdo.com to accept an offer and conclude a contract. The offer is accepted by confirming the order or by transmitting the access data (user name and password) to the participant.

3. Registration is only permitted for legal entities and natural persons and partnerships with unlimited legal capacity. The person registering must be authorized to conclude corresponding contracts for the participant and is obliged to provide truthful and complete information.

4. If the data provided changes after registration, the participant is obliged to inform herondo.com immediately, either in writing or by email.

5. As part of the registration and the ongoing contractual relationship, hierdo.com is entitled to request the submission of an extract from the commercial register and/or trade register and other documents and information that appear necessary or appropriate for the registration or maintenance of the contractual relationship.

6. The participant must keep his access data secret and secure it carefully. He is also obliged to inform herondo.com immediately if there are indications that his access data have been misused by third parties.

7. The participant is generally liable for all activities that are carried out using his access data. If the participant is not responsible for the misuse of the access data because there has been no violation of the existing duty of care, he is not liable.

8. The minimum contract term is 12 months for commercial participants and three months for private participants and begins when the access data (user name and password) are sent to the participant. The following applies to all bookings: After the expiry of the term, there will be no automatic extension for a fee.

If the participant acts as a consumer within the meaning of the statutory provisions, he or she has the following right of withdrawal:

RECALLATION INSTRUCTIONS

Right of withdrawal
You have the right to withdraw within fourteen days without giving reasons to revoke the contract. The cancellation period is fourteen days from the day of conclusion of the contract.

To exercise your right of cancellation, you must contact us (Herando joint stock company (a.s.), V Jámě 1/699, 110 00 Prague 1, Czech Republic, telephone number: +420 228 884 177, email:direct@herando.com) of your decision to revoke this contract by means of a clear statement (e.g. a letter sent by post, fax or email). You can use the model cancellation form provided by us (sample cancellation form), but this is not mandatory.

To meet the cancellation deadline, it is sufficient that you provide notification of your exercise of the right of cancellation before the cancellation period expires Send.

Consequences of revocation
If you revoke this contract, we must repay all payments that we have received from you immediately and at the latest within fourteen days from the day on which we received notification of your revocation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; Under no circumstances will you be charged any fees for this repayment.

If you have requested that the services begin during the cancellation period, you must pay us an appropriate amount which corresponds to the proportion of the services already provided up to the point at which you inform us of your exercise of the right of cancellation with regard to this contract compared to the total scope of the services provided for in the contract.

 

§ 4 Deletion of offers, blocking, termination and others Measures

1. hierdo.com can take the following measures if there are concrete indications that a participant is violating legal regulations, these General Terms and Conditions or the rights of third parties, or if hierdo.com has another legitimate interest, for example in the event of late payment:

2. When choosing the measure, hierdo.com takes into account the legitimate interests of the participant concerned, especially with regard to any negligence on their part.

3. hierdo.com can delete advertisements or other content if their content or presentation violates these general terms and conditions or legal regulations or violates the rights of third parties.

4. In the event of late payment, a reclaim of an amount paid or a return direct debit, hierdo.com is entitled to withhold its own services and to block the product range of the participant in question so that the participant's advertisements can no longer be viewed.

5. hierdo.com can permanently block a participant from using the herdo.com service if the participant repeatedly or particularly seriously violates these General Terms and Conditions or if there is another important reason.

6. The contractual relationship existing between herendo.com and the participant can be properly terminated by both contracting parties with two weeks' notice to the end of the month. The termination must be made in writing to the Herando joint stock company (a.s.), V Jámě 1/699, 110 00 Prague 1, Czech Republic, or by email to: direct@herando.com

If the participant deletes all of his advertisements at the end of the month, this also has the effect of an ordinary Termination.

 

§ 5 Billing, due date and amount of remuneration, payment

1. The participation fee is calculated and collected by herando.com in advance for the booked duration of the advertisement. Billing is carried out exclusively electronically, either by sending an invoice by email or by payment using one of the following services, whereby the associated invoice is automatically sent to the participant by email:

2. The participation fee is calculated according to the applicable prices (to the prices - the prices can be viewed after successful registration or login) according to the number of advertisements posted.
Payment conditions for invoice customers: The total amount is due for payment immediately.
The due date is this Invoice date.

3. The participant must pay additional fees for additional services from herando.com, particularly if herando.com acts as a broker. Such services from herando.com can also be booked through herando.com's cooperation partners, whereby these fees will also be invoiced by herando.com. The scope of services, additional conditions and the amount of the individual fees depend on the applicable price list.

4. If an advertisement is deleted by herendo.com in accordance with Section 4 of these General Terms and Conditions due to a circumstance for which the participant is responsible, the posting fee will not be refunded.

5. The participant must reimburse all costs that arise as a result of a payment being charged back and the participant is responsible for this. The participant is free to prove that the costs were not incurred or that they were not incurred in the amount claimed.

6. Price changes will be announced by herando.com in good time so that the participant can terminate the contractual relationship in compliance with the contractually agreed notice period with a termination date before the new prices apply. If he does not exercise this right and continues to use the services of herendo.com after the date of validity of the price change, the price change becomes binding for both contractual partners. Billing is based on the price change.

7. If a guarantee agreement (e.g. money-back guarantee) has been made in writing between herendo.com and the participant, the following applies:
If the item advertised by a participant is not sold within 12 months, the participant will receive a refund of the listing fee paid by herendo.com. The requirements for this are that the item has been offered for sale online on the herendo.com website at the usual market price for at least 12 months, has not been sold and is still in the participant's possession. The selling price for the listed item may not be changed during this time. Herando.com can make the repayment dependent on the following conditions:

§ 6 Requirements for the content and presentation of the Advertisements

1. The participant is obliged to only post the goods in the designated section and to provide correct and truthful price information.

2. hierdo.com may make the advertising of some goods subject to additional requirements.

3. The participant is obliged to provide complete and truthful information regarding the goods and their legal relationships. Any incorrect information (e.g. typographical errors, classification into incorrect categories) must be corrected immediately upon discovery.

4. It is not permitted to offer several goods individually or as a package within one advertisement.

5. During the term of the advertisement, the participant must be able to immediately conclude a legally valid purchase contract with an interested party for the goods offered or to arrange for the conclusion and to hand over and transfer the goods at the specified time of availability or delivery or to arrange for the handover and transfer.

6. The advertisements can be illustrated with photos. The participant undertakes to only use photos that he is permitted to use without restriction and that are not encumbered by third-party rights - in particular copyrights. The photos used must not be misleading and must reflect the actual condition of the goods offered. Special features (e.g. damage) should be represented visually. If the participant uses catalog images, he must indicate this separately.

7. The advertisement must not violate legal regulations or common decency through wording, content, visual presentation and the purpose pursued. Traders must in particular observe the provisions of the Copyright and Trademark Act as well as other relevant legal regulations.

8. It is generally not permitted to include references (links) to external websites, other services and information sources in an advertisement unless these are legally required. Non-activated web addresses (URLs) and parts thereof are also considered links.

 

§ 7 Data protection

The participant undertakes to process and use personal data from other users, which he receives via the herendo.com service (e.g. via the contact form), only to process and answer the respective request. Any further use of this data, in particular for advertising purposes, may only take place after obtaining the necessary consent(s) from those affected.

Information on data protection according to the EU GDPR
Our company regularly checks your creditworthiness when concluding contracts and in certain cases where there is a legitimate interest, including with existing customers. To do this, we work with Creditreform Boniversum GmbH, Hammfelddamm 13, 41460 Neuss, from whom we receive the necessary data. For this purpose, we transmit your name and contact details to Creditreform Boniversum GmbH. The information in accordance with Article 14 of the EU General Data Protection Regulation on the data processing taking place at Creditreform Boniversum GmbH can be found here: https://www.boniversum.de/eu-dsgvo/information-nach-eu-dsgvo-fuer-verbraucher/
 

§ 8 Responsibility for the content of the advertisements, exemption from liability

1. The participant is solely responsible for the content of the advertisements. Neither the accuracy nor the completeness of the content of the advertisements is checked by herendo.com. hierdo.com assumes no liability for the accuracy or completeness of the advertisements.

2. hierdo.com excludes any guarantee and liability that the advertisements comply with the legal provisions. This also applies in particular to advertisements in the "Investments" section: here, herendo.com assumes no liability whatsoever for the fact that the respective participant fulfills any legal conditions required for the sale, distribution and brokerage of the products offered there and is authorized to carry out the activities related to the sale of these products, e.g. brokerage of capital investments.

3. in particular, herando.com excludes any warranty and liability that may arise from the fact that purchase contracts that are initiated or concluded on the basis of herando.com advertisements are unenforceable under the national law of the affected state or otherwise lead to legal or economic disadvantages for one or both contracting parties to the purchase contract.

4. The participant releases herendo.com from all claims that third parties assert against herendo.com due to the violation of their rights, in particular, but not exclusively, copyright and usage rights, through their advertisement or due to the participant's other use of the herendo.com service. The participant also assumes the costs of the necessary legal defense by herando.com, including all court and legal fees. This does not apply if and to the extent that the participant is not responsible for the violation of the law.

 

§ 9 Deletion of advertisements, administration, database updates

1. In order to keep the range of offers as up-to-date as possible, each participant is obliged to delete the relevant advertisement after their goods have been sold.

2. Each participant is obliged to keep the inventory advertised on herando.com updated and to regularly administer it in the dealer area within a period of two weeks. If administration is not carried out within this period, hierdo.com reserves the right to make the participant's offer inactive, so that the offer can no longer be accessed and visible in the database via the search mask in the public area due to the lack of up-to-date data. Activation takes place automatically through independent administration by the participant.

3. Each participant is obliged to create backup copies of their data, including the product photos, in order to be able to quickly restore the advertisements in the event of data loss.

 

§ 10 Manipulation and disruption of system integrity

1. Activities aimed at making the herardo.com service unfunctional or making it more difficult to use are prohibited. The participant may not take any action that could result in an unreasonable or excessive load on the drando.com service. The participant is not permitted to block, overwrite or change content generated by herdo.com or to interfere with the herdo.com service in any other way.

 

§ 11 Warranty

1. The service of herendo.com is deemed to have been achieved when, on average over the year, 95% of the advertisements can be placed in the databases and retrieved from the databases.

2. herando.com is exempt from its obligation to provide performance in cases of force majeure. All unforeseen events as well as events whose effects on the fulfillment of the contract are not the responsibility of either party are considered force majeure. These events include, in particular, lawful industrial action, including in third-party companies, official measures, failure of communication networks and gateways of other operators, disruptions in the area of ​​line providers, other technical disruptions, even if these circumstances occur in the area of ​​subcontractors, sub-suppliers or their subcontractors or with operators of sub-node computers authorized by the provider. The participant will not be entitled to any claims in the event of failures for which herando.com is not responsible.

 

§ 12 Limitation of liability

Herando is liable for damages incurred in accordance with the legal system of the Czech Republic.

Any contributory negligence on the part of the participant must be taken into account in all cases. In particular, the participant is obliged to check the accuracy of the data he has entered at least through a one-time search query.

 

§ 13 Copyright and usage rights

All data, information, logos, texts, programs and images of the advertisements and other content posted via the herendo.com service (e.g. reviews and answers as part of the rating system) may be subject to copyright. Modification, further processing and use in media of any kind by third parties is not permitted. The rights of the respective author and the participant remain unaffected. The participant can continue to freely dispose of their own data and information.

§ 14 Final provisions

1. The legal relationships between herando.com and the participant are subject to the law of the Czech Republic, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.

2. Place of jurisdiction is Prague if the participant is a merchant or a legal entity under public law or a special fund under public law. The same applies if the participant does not have a general place of jurisdiction in Germany or the EU or if his place of residence or habitual residence is not known at the time the action is filed. The right to appeal to the court at another legal place of jurisdiction remains unaffected by this. The European Commission also provides an online dispute resolution platform, which you can find at http://ec.europa.eu/consumers/odr/. Please contact us directly if you have any questions or problems.

3. hierdo.com can change these terms and conditions with two weeks' notice and without giving reasons. The changed conditions will be sent to participants in writing or by email no later than two weeks before they come into force. The changes are deemed accepted unless they are objected to in writing within two weeks of notification. The participant will be specifically informed of this consequence when the changes are announced.

4. Should individual provisions of these General Terms and Conditions be or become wholly or partially void or ineffective, this will not affect the effectiveness of the remaining provisions. The relevant statutory regulation shall replace the invalid provisions. If such a provision is not available (loophole) or would lead to an unacceptable result, the parties will enter into negotiations to replace the unincorporated or ineffective provision with an effective provision that comes as close as possible economically.