AGB und Nutzungsbedingungen
A. General regulations
The online column markets are a service of Aschendorff Medien GmbH & Co. KG, An der Hansalinie 1, 48163 Münster (hereinafter "Aschendorff). The following general terms and conditions of use (GTC) apply to the use of the offers on the online rubric markets and the cooperation between Aschendorff and the private and commercial users of the offer in the online rubric markets as well as for any use of the service offered by Aschendorff ).
The general terms and conditions of Aschendorff for advertisements, in particular the general terms and conditions for advertisements and brochure inserts in newspapers and magazines, continue to apply in accordance with these terms and conditions and do not lose their validity through these terms and conditions. Rather, they supplement these terms and conditions.
Conditions of the customer that conflict with or deviate from these terms and conditions will not be recognized unless the provider has expressly agreed to them in writing. These general terms and conditions also apply if Aschendorff unconditionally performs its services while being aware of the user's general terms and conditions.
2. Conclusion of contract
By submitting the data for an exclusive online advertisement and / or when (simultaneously) placing a print advertisement, the user gives Aschendorff an offer to conclude a contract for the temporary inclusion and provision of the content in the database of one of the online column markets and / or for publication in the relevant section of the Westfälische Nachrichten and / or the Münsterschen Zeitung, the Allgemeine Zeitung, the Borkener Zeitung, the Münsterländer Volkszeitung or the Dülmener Zeitung. Aschendorff can decide to accept this offer at its reasonable discretion. There is no entitlement to inclusion and provision in the database of one of the online rubric markets.
It is at Aschendorff's discretion to post the content of the user in the database of one of the online column markets or to display it in the Westfälische Nachrichten and / or the Münsterschen Zeitung, the Allgemeine Zeitung, the Borkener Zeitung, the Münsterländer Volkszeitung or the To publish Dülmener Zeitung. Aschendorff is therefore entitled at any time to refuse to publish advertising content without giving reasons. Aschendorff is also entitled to limit the availability of content in the database in terms of space, time and number, and to delete content from the database.
Aschendorff also reserves the right to check the content of the advertisement and to refrain from publishing it if the content of the advertisement is unreasonable for Aschendorff. This is particularly the case if he violates legal or official prohibitions or common decency.
Aschendorff reserves the right to electronically transmit advertisements to third parties for the purpose of increasing resonance for publication on their online platform. In such a case, the third party is contractually obliged by Aschendorff to delete the advertisement content after the expiry date of the advertisement.
Aschendorff is free to design the content and is entitled at any time to change, restrict, expand or completely or partially discontinue its service. This also includes the right to terminate all or part of the online rubric markets at any time. Aschendorff is free to provide the service by third parties of their own choice
The user is responsible for any content submitted by him for publication. Aschendorff only provides the platform for the publication of the content. Aschendorff is not involved in a contract between the user and a buyer based on an advertisement published in an online rubric market or the Westfälische Nachrichten and / or the Münsterschen Zeitung, the Allgemeine Zeitung, the Borkener Zeitung, the Münsterländer Volkszeitung or the Dülmener Zeitung comes about. Aschendorff is neither party nor representative of a party nor mediator and assumes no responsibility for the initiation, conclusion or execution of a contract.
4. Services from Aschendorff
The customer is given the opportunity to publish advertisements or, in some cases, other content in the various online rubric markets.
Publications that include impermissible content can be deleted in whole or in part by Aschendorff without prior notice to the user.
The content is published for a certain period of time depending on the online rubric market.
A contract for the publication of advertisements in the online column market flohmarkt.ms is concluded for a period of two weeks.
At the markets karriere.ms, azubi.ms, jobs.azonline.de, jobs.dzonline.de, stellen.borkenerzeitung.de, jobs.mv-online.de, jobs.ivz-aktuell.de and anzeigenaufgabe.stellenangebote.ms the data will be deleted 30 days after the agreed term of the advertisements. Content and templates from the provider will no longer be saved for the user after this time.
In the kfzmarkt.ms and immomarkt.ms markets , the data for commercial users are published for one month each. The publication period is automatically extended by another month if the contract is not terminated with one week's notice in writing or in text form (via email). If it is a private user, the data in the kfzmarkt.ms market will be deleted after four weeks, whereas in the immomarkt.ms market it will only be made inactive after four weeks. In this case, reactivation is possible subject to a charge.
In the gruss.ms and trauer.ms markets, the data is deleted when it expires, usually in the gruss.ms market after up to three months and in the trauer.ms market after up to twelve months.
Aschendorff is not obliged to save or otherwise store the published advertisement after the advertisement has ended.
5. Prices settlement
As far as costs are incurred, the prices result from the online order form or the online submission process or from the currently valid price list when placing the order.
If the user does not meet his payment obligations or if payment actions are not carried out or charged back, the company is entitled, subject to further claims, to block the user's access. If the blocking occurs due to outstanding claims and the user settles them, access will be unlocked again.
6. Obligations of the user
The user is obliged to indicate if his offer is commercial. In the case of commercial offers, the user must provide the mandatory information according to § 5 TMG, this includes in particular name and address.
The user is solely responsible for the timely and complete release of ad texts and other content. The user is obliged to provide correct information about the content he has advertised. If he subsequently detects errors or mistakes in the content he has transmitted, he will correct these errors immediately. Manipulating the search function of the online rubric markets through incorrect or misleading information is not permitted.
If the user offers offers on one of the designated online rubric markets, he is obliged to keep them up to date. Changes, for example sales of offered motor vehicles, must be entered immediately in the corresponding market provided for this purpose (in the example: kfzmarkt.ms).
The user is obliged to use the rubrics provided on the corresponding online rubric market correctly for his offer. On the kfzmarkt.ms market, for example, only motor vehicles may be offered that can be classified in the categories provided. It is not permitted to offer other objects and services, in particular rental contracts, leasing contracts, financing, services.
The information on an object offered for sale must be made freely accessible by the user on the online rubric markets without additional registration of a prospective customer or payment of a fee.
A sales offer may contain only one item. A motor vehicle may only be included in one sales offer and not in several sales offers on the motor vehicle market.
If a user submits content to Aschendorff for publication, he grants Aschendorff the free, unlimited, temporally and locally unlimited and non-exclusive right to use, reproduce, adapt, publish, translate, modify, edit, edit this content in whole or in part disseminate, perform, present, grant third parties simple rights of use to this content and transfer the content to other works and / or media.
The user is responsible for ensuring that the statements made by him are correct and legally unobjectionable. In this respect, the user undertakes in particular that he does not publish any content that violates existing laws (in particular criminal law, competition law, copyright, etc.) or violates the rights of third parties. The user further undertakes to take account of the recognized principles of data security to protect the data and to observe the obligations of the data protection agreement. The user is responsible for ensuring that emails, files and inquiries to be sent to the online rubric markets are virus-free.
The user is prohibited from placing advertising of any kind and content that infringes the law, in particular right-wing radical, pornographic, racist, offensive, defamatory, and reputation or business-damaging content in areas of the online rubric markets. In the event of violations, the company reserves the right to take legal action and delete the respective content.
The posting of content by users on behalf of third parties without their express prior consent is not permitted.
A search may only be carried out using the search functions available on the respective online rubric market. Bypassing this search function, for example through automated queries of the database, is not permitted.
In order to gain access to the content and offers subject to registration, the user must register by entering the requested data in the input mask. Only one registration per user is permitted. The authorization only applies to the user personally, it is not transferable.
During registration, the user assigns his login name and password himself. The user is obliged to keep his password secret and not to make it available to third parties. The user is responsible for keeping the login name and password confidential. He will inform Aschendorff immediately if he becomes aware that third parties have gained knowledge of his password without authorization or has gained unauthorized access to the closed section of the online rubric markets under his login name.
Parts of the content that is subject to registration can only be used by people who have reached the age of 18 or can provide proof of consent from a legal guardian.
The information provided during registration must be true. Aschendorff reserves the right to delete any incorrect information.
The user is obliged to keep the information provided during registration up to date and to update them immediately in the event of changes.
Registered accounts that are not used for more than twelve months may be deleted by Aschendorff.
Aschendorff assumes no liability for the completeness or correctness of the information and explanations or content provided by a user, as well as the identity and integrity of the user.
Aschendorff assumes no liability for technical defects, in particular for the constant and uninterrupted availability of the online rubric markets or the database and their content, or for the complete and error-free reproduction of the content transmitted by the user.
If the content of an advertisement or the content transmitted by a user has been incorrectly reproduced by Aschendorff, the user is entitled to a reasonable reduction in payment or to the publication of an error-free replacement advertisement or the error-free content being reproduced again. However, this only applies to the extent that the purpose of the advertisement or the purpose of the content has been impaired. If Aschendorff allows a deadline set for this to pass or if the replacement advertisement is again incorrect, the user can withdraw from the contract.
If an advertisement contract is a two-way commercial transaction, the customer / user is obliged to check the displayed advertisement for correctness and completeness immediately after its first publication and to notify Aschendorff immediately of any defects. Obvious defects are to be reported immediately after their first publication, only recognizable or hidden defects immediately after their discovery. In the event of a late inspection and / or notification of defects, the notification is deemed to be approved free of defects.
In all other cases, complaints are to be declared within three weeks of the invoice. Otherwise any warranty claims expire.
11. Data protection
The user may only use the data of prospective buyers that he receives via the online rubric markets for the sale of the corresponding items. The user may neither pass on this data nor process or use it for other purposes.
The user releases the provider from all claims that third parties assert against the provider because of the content of the user in one of the online section markets insofar as the user is responsible for these claims. The exemption includes all legal defense costs.
13. Cancellation policy for consumers
Right of cancellation You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day the contract is concluded.
To exercise your right of withdrawal, you must contact us (Aschendorff Medien GmbH & Co. KG, An der Hansalinie 1, 48163 Münster, phone 0251 / 690-0, 0251 / 690-4570, email address firstname.lastname@example.org) a clear statement (e.g. a letter sent by post, fax or email) informing you of your decision to cancel this contract. You can use the attached sample cancellation form, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your communication regarding your exercise of the right of cancellation before the cancellation period expires.
Consequences of cancellation
If you cancel this contract, we have made all payments we have received from you, including delivery costs (with the exception of the additional costs that result from the fact that you chose a different type of delivery than the cheapest standard delivery we offer have) to repay immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.
If you have requested that the services should begin during the cancellation period, you must pay us a reasonable amount, which is the proportion of the services already provided by that point in time when you inform us of the exercise of the right of cancellation with regard to this contract compared to the total scope of the services provided in the contract.
(If you want to cancel the contract, please fill out this form and send it back.)
Aschendorff Medien GmbH & Co. KG
An der Hansalinie 1
Telephone 0251 / 690-0
Fax 0251 / 690-4570
Email address email@example.com
- I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*)
- Ordered on (*) / received on ( *)
- Name of the consumer (s)
- Address of the consumer (s)
- Signature of the consumer (s) (only for notification on paper)
(*) Delete where inapplicable.
14. Changes to the general terms and conditions of use
Aschendorff reserves the right to change these general terms and conditions of use at any time with a notice period of at least two weeks. The announcement will be made by publishing the changed general terms and conditions of use, stating the entry into force on the Internet on the website of the online section markets and the WN.
If the user does not object to the changed general terms and conditions of use within two weeks of publication, the amended version is deemed to have been accepted or approved. The announcement points out the importance of this period.
If the user objects in due time, Aschendorff is entitled to terminate the existing contract with the user at the time when the change takes effect. Corresponding contents of the user are then deleted from the database. From this, the user cannot assert any claims against Aschendorff.
The usage relationship is subject exclusively to German law to the exclusion of the uniform UN sales law (CISG).
Exclusive place of performance and place of jurisdiction is, insofar as legally permissible, Münster.
16. Information according to the Consumer Dispute Settlement Act (VSBG)
We are not willing or obliged to participate in dispute settlement proceedings before a consumer arbitration board within the meaning of the Consumer Dispute Settlement Act.