General terms and conditions of business for the use of the platform www.inmf.net

(INTERNATIONAL NATURE & MONUMENT FORUM - INMF)

 

 

§ 1 Scope of application and contractual relationships

  1. ABIGRO GmbH & Co. KG, Humweilerstrasse 73 B, 66649 Oberthal / Germany, is the operator of the internet platform INTERNATIONAL NATURE & MONUMENT FORUM (hereinafter referred to as the "operator" or as the "provider"), which uses the domain name www.inmf.net (hereinafter also labelled as the "platform"). Registered customers of different user groups or customer groups respectively (hereinafter referred to as "customers") can set up various offers on the platform, which refer to different types of offers ("INMF Marketplace", "INMF Pinboard", "INMF Donation", "INMF Sponsorship") and which can be accepted by other registered customers of different user groups or customer groups respectively. As far as the type of offer "INMF Marketplace" on the platform www.inmf.net is concerned, customers can offer goods and tickets to other customers for sale. However, this only applies to goods and tickets whose offer, sale or acquisition does not violate laws, the rights of third parties or these general terms and conditions of business.
  2. The platform www.inmf.net is a commercially operated platform for the offer of fundraising opportunities as well as for the offer and the sale of goods and tickets, and serves also for the transfer of information and the acquisition of information. The services of the platform INMF refer to all subjects that are directly or indirectly related to the fields of nature conservation and environmental protection as well as to the fields of protection of historical buildings and monuments and protection of cultural property. In particular, these subjects are concerned: animal & species protection, antiques & art objects, environment & resources, events & activities, land use & marine exploitation, monuments & heritage sites, nature & landscape, pets & commercial animals, plants, science & research, settlements & open spaces, sustainable products and wild animals.

    Generally, four customer groups are distinguished on the platform and within the scope of these general terms and conditions of business:
    1. private person: any natural and legally competent person (consumer);
    2. private business: any business set up on the base of private law that has no public purposes, that is not tax-privileged, and that is organised in the form of a sole proprietorship (e.g. a registered sole trader), a joint partnership or a corporation;
    3. non-profit organisation or non-profit company: any corporate body, association of individuals or estate that is constituted under private law, that is tax-privileged, and that has got (demonstrably) public-benefit purposes, charitable purposes or religious purposes, such as a non-profit limited company, a registered association, which is officially recognised as a non-profit organisation, a federation of associations or a charitable foundation under private law;
    4. public-sector entity or public-sector undertaking:
    • any organisation or institution constituted under public law (organisation under public law), such as a public body (federal union, federal state, administrative district, independent city, municipality, self-governing body, etc.), a foundation under public law or a public-law institution, including their organisational subunits, for instance, in the form of a public service unit, which has neither an organisational autonomy nor a legal personality, or a public authority;
    • any municipal or state-owned enterprise with economic or non-economic purposes that has got an organisational autonomy but no legal personality (dependent owner-operated public enterprise), such as an owner-operated public utility company, an owner-operated public waste disposal company, an owner-operated public transport service or an owner-operated public company offering cultural activities;
    • any company constituted under private law that has got public purposes, an organisational autonomy and a legal personality, that is organised in the form of a joint partnership or a corporation, and that is (demonstrably) dominated by the influence of the public sector (publicly owned enterprise under private law).
  1. As a part of the registration, the customers have got to indicate their affiliation to the respective customer group. The creation and publication of offers as well as the acceptance of offers are possible for all customer groups referred to in subsection 2 Nos 1 to 4 of these general terms and conditions of business. Basically, goods, vouchers or services offered by the operator itself can be ordered by customers of all customer groups, however, unless specific customer groups are explicitly excluded from the option of ordering.
  2. On the one hand, these general terms and conditions of business regulate the contractual relations between the aforementioned operator and those customers that register on the platform to offer goods or tickets for sale, to do fundraising or to place classified advertisements, including the pre-contractual communications (hereinafter referred to as "offerors"). On the other hand, these general terms and conditions of business of the aforementioned operator regulate the contractual relations between the operator and those customers that register on the platform to order goods or tickets from other customers or from the operator respectively, or to reserve them bindingly, or to accept the offers of other customers referring to fundraising as well as to classified advertisements, including the pre-contractual communications (hereinafter referred to as "offerees"). The actual contract referring to orders and other contractual relationships of the customers on the platform is exclusively concluded between the customers (offerors and offerees) themselves, however, unless the operator itself offers goods, vouchers or services for sale. In the former case, the operator acts neither on behalf of the offeror nor on behalf of the offeree, and is, therefore, not involved in their contracts concluded via the platform, neither as a contractual partner nor as a representative, nor as a vicarious agent or in any other way. Therefore, any complaints or claims arising from the contract between the offeror and the offeree have got to be exclusively addressed to the offeror. These general terms and conditions of business do not apply for any defaults within the contractual relationship between the customers registered on the platform themselves.
  3. Contractual conditions of a registered customer deviating from these general terms and conditions of business do not become a part of the contractual relationship between the operator and the respective customer unless the operator expressly approves the validity of those contractual conditions in writing and in advance.
  4. These general terms and conditions of business shall apply from the date of registration of the respective member (cf. section 2 “registration”). By registering, you accept these general terms and conditions of business. You can revoke or cancel the agreement for the application of these general terms and conditions of business at any time in writing or by a message through the contact form.
  5. As far as the contractual relationship between the operator on the one hand and registered private persons on the other hand is concerned, some special conditions relating to compulsory legal regulations of the German Distance Selling Act partly apply, however, provided that the private person is a consumer according to section 13 of the German Civil Code (Bürgerliches Gesetzbuch, BGB), which means a natural person who concludes a legal transaction for purposes that can be attributed neither to his or her commercial nor to his or her self-employed activity. The exclusive validity of individual provisions for consumers is mentioned in every provision concerned.
  6. The services offered by the operator on the platform in detail are either described in these general terms and conditions of business or, apart from that, in separate specifications on the platform. These specifications are continuously supplemented, extended or amended. Further information on the services offered on the platform is also available under the menu button "Frequent questions".

§ 2 Registration

  1. The creation and publication of offers as well as the acceptance of offers by customers require the prior registration as a member. The mere search for offers is possible without a registration. The registration is only permitted for persons of full age (at least 18 years old) and for natural and / or legal persons that are unrestrictedly legal competent. Persons, businesses, organisations or public-sector entities that are domiciled or registered or based in a country for which trade restrictions of the European Union, the United States of America or the United Nations exist must neither register on the platform www.inmf.net nor have a customer account.
  2. The registration is free and takes place by using the corresponding registration form on www.inmf.net (menu button "New Registration") in which the respective customer data must be entered completely and truthfully and transmitted afterwards. By registering, the customer acknowledges the validity of these general terms and conditions of business and confirms at the same time that he, she or it took note of as well as read the privacy policy and the cancellation policy. When registering, an account is created for the respective customer. The registration is successfully completed if the account of the respective customer is activated by the operator. The new registration of the respective customer and the activation of his, her or its account are temporally disconnected. As soon as the customer's account is activated, the customer receives a confirmation e-mail sent to the e-mail address specified by the respective customer himself, herself or itself.
  3. In the case of a new registration, the customer has got to select a password autonomously. For security reasons, it is recommended that the password comprises at least 10 digits, is a combination of numbers, special characters and uppercase and lowercase letters, and is changed regularly. The customer is able to log on the platform by using the password together with his, her or its user name, which is his, her or its respective e-mail address.
  4. Each registered customer is committed to keeping his, her or its entered data always up-to-date and to reporting any significant changes immediately, especially, in regard to the belonging to a particular customer group. Each registered customer is also committed to keeping his, her or its login information (i.e. user name and password) strictly confidential and not to disclosing it and / or making it accessible to third parties, in particular, to avoid a misuse of the customer's own account. A customer account is non-transferable.
  5. The operator reserves the right to delete a customer account if a registration is not fully carried out. In addition, the registration of a customer can be terminated by the registered customer himself, herself or itself without giving a reason at any time. The declaration to terminate the respective account of a customer requires a written notice to the operator, or, in the case of consumers, alternatively also another readable notice in textual form, which indicates the person that declares his or her intention and which is provided by a permanent data storage device, for instance, via e-mail, fax or SMS.
  6. All rights and intellectual property of the website and / or the platform, including its layout, contents, design elements, logos, slogans, photographs, drawings, images, image animations with or without sound, audio recordings, texts, templates, forms, software, all other works integrated or included in the website and / or platform, including copyright and / or trademark rights as well as the platform as a whole, are and shall remain with the operator or third parties that have authorised the operator to use them. No concessions of rights are associated with the conclusion of the contract unless they are explicitly regulated by the present general terms and conditions of business. After a successful registration, the customer receives the permission to use the services offered on the platform during the contract term. Any duplication, dissemination, utilisation, modification, communication to the public and / or publication of the contents of this online service is forbidden to the user. This includes, in particular but not exclusively, the modified or unmodified reproduction of contents on other websites or web pages or within other media on the internet.

§ 3 Right of withdrawal for consumers concerning services

According to section 312 g, subsection 1 of the German Civil Code (Bürgerliches Gesetzbuch, BGB), consumers are entitled to have a right of withdrawal relating to section 355 of the German Civil Code (Bürgerliches Gesetzbuch, BGB) as far as distance contracts are concerned. A consumer is, according to section 13 of the German Civil Code (Bürgerliches Gesetzbuch, BGB), a natural person who concludes a legal transaction for purposes that cannot be predominantly ascribed neither to his or her commercial nor to his or her self-employed activity. According to section 312 c, subsection 1 of the German Civil Code (Bürgerliches Gesetzbuch, BGB), distance contracts are contracts in which the respective entrepreneur -or someone acting in his, her or its name or on his, her or its behalf- and consumers only use means of distance communication for the contract negotiations and the conclusion of the contract, however, except that the conclusion of the contract is not carried out in the context of a system of sale and service-provision organised for distance sales. According to section 312 c, subsection 2 of the German Civil Code (Bürgerliches Gesetzbuch, BGB), means of distance communication are all means of communication that can be used to initiate or to conclude a contract without the contractual parties being physically present at the same time, such as letters, catalogues, phone calls, faxes, e-mails, messages sent via cellular radio (Short Message Service, SMS) as well as broadcasting and telemedia.

As the operator is an entrepreneur within the meaning of section 14, subsection 1 of the German Civil Code (Bürgerliches Gesetzbuch, BGB) and as customers, who are private persons, are consumers within the meaning of section 13 of the German Civil Code (Bürgerliches Gesetzbuch, BGB) and conclude a contract with the operator by using exclusively means of distance communication, you are informed below of the corresponding right of withdrawal as far as services are concerned:

 

Cancellation policy (for consumers only)

 

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period will expire after fourteen days from the day on which the contract is concluded. To exercise your right of withdrawal, you must inform us

   (ABIGRO GmbH & Co. KG

   Humweilerstrasse 73 B

   66649 Oberthal / Germany

  

   Contact via e-mail)

of your decision to withdraw from this contract by making an unequivocal statement (e.g., a letter sent by mail, a fax or an e-mail). You may use the attached model withdrawal form, which, however, is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period will have expired.

 

Consequences of the withdrawal

If you withdraw from this contract, we shall pay back all payments received from you, including the delivery charges (except for the additional costs arising from the fact that you might have chosen a type of delivery that is different from the least expensive type of standard delivery offered by us), without undue delay and, in any event, not later than fourteen days from the day on which the communication concerning the withdrawal from this contract is received by us. For this repayment, we will use the same methods of payment that you will have used for the initial transaction, however, unless you have expressly agreed otherwise. In any case, you will not be charged fees because of this repayment.

If you request that the services should start during the withdrawal period, you have to pay us a fair amount of money corresponding to the percentage of services already provided up to the day on which you inform us of your will to exercise the right of withdrawal with respect to this agreement and in comparison to the total volume of services provided for in the contract.

 

End of the cancellation policy


Special notes

The withdrawal period does not start, according to section 356, subsection 3 of the German Civil Code (Bürgerliches Gesetzbuch, BGB), before a contractor has informed a consumer of the withdrawal option according to the requirements of article 246a, section 1, subsection 2, No 1 of the Introductory Act of the German Civil Code (Einführungsgesetz zum Bürgerlichen Gesetzbuch, EGBGB), and expires, at the latest, twelve months and 14 days after the date specified in section 355, subsection 2, sentence 2 of the German Civil Code (Bürgerliches Gesetzbuch, BGB), which means the date of the commencement of the withdrawal period by the conclusion of the contract.

According to section 356, subsection 4 of the German Civil Code (Bürgerliches Gesetzbuch, BGB), the right of withdrawal expires also, as far as a contract for the provision of services is concerned, if the contractor has fully provided the services and has only started with the execution of the service after the consumer has given his or her explicit consent and, at the same time, has confirmed his or her knowledge that he or she loses his or her right of withdrawal if the contractor fulfilled the contract completely. 

§ 4 Blocking and termination

  1. If there is reasoned evidence that a registered customer violates laws, rights of third parties or provisions of these general terms and conditions of business, the operator is entitled either to delete created and / or published offers or other contents by using equitable discretion, to warn customers, to restrict the use of the platform to the respective customer and / or to suspend the use of the platform temporarily or permanently.
  2. The operator can also exclude a customer from the platform finally if he, she or it gave false contact information, in particular, a false or invalid e-mail address, in addition, if he, she or it transfers his, her or its account to third parties without authorisation, provides access data to third parties or makes access data available to third parties or if another important reason exists. If a customer is permanently blocked, there is no entitlement to the recovery of the blocked account of the customer.
  3. The operator reserves the right to block the customer accounts of persons, businesses, organisations or public-sector entities that are domiciled or registered or based in a country for which trade restrictions of the European Union, the United States of America or the United Nations are adopted, either up to the lifting of the trade restrictions or finally.
  4. Notwithstanding the above, the contract for the use of the platform can be properly terminated without an important reason by each side, both by the customer and by the operator, with a period of notice of 7 days. The declaration to terminate the respective account of a customer requires a written notice to the operator, or, in the case of consumers, alternatively also another readable notice in textual form, which indicates the person that declares his or her intention and which is provided by a permanent data storage device, for instance, via e-mail, fax or SMS.

§ 5 Setup and acceptance of offers

  1. Registered customers belonging to customer groups that are authorised to set up offers can set up offers relating to the sale of goods or tickets -with exception of prohibited goods or tickets (see the list of prohibited goods and services here) - as well as set up fundraising offers or place classified advertisements on the platform in suitable types of offers in any number.
  2. The offering of goods or tickets for sale, the publication of fundraising offers or the placement of classified advertisements (which means the setup of offers) can be subject to a charge. In this case, the prices of the current price list of the operator apply, which is available here. By setting up the offer of a specific product or ticket, the offeror submits a binding offer to sell this product or ticket at the indicated price. In the course of this, he, she or it can choose either the ordering mode "Sell online & ship" or the ordering mode "Reserve & pick up". In the first case, the respective offer includes the additional remark "Order online", in the second case the additional remark "Reserve & pick up". As far as the ordering mode "Sell online & ship" is concerned, the contract between the offeror and the offeree relating to the purchase of the respective product or ticket is concluded as soon as an offeree selects the respective product or ticket and clicks the menu button "Order with costs". By contrast, the contract between the offeror and the offeree relating to the binding reservation of the respective product or ticket in the ordering mode "Reserve & pick up” is concluded as soon as an offeree chooses the respective product or ticket and clicks the menu button "Reserve with costs". As far as the types of offers INMF Donation and INMF Sponsorship are concerned, either a binding declaration of intent is submitted or a binding preliminary contract is concluded, which leads to a binding main contract, -unless otherwise provided for in the respective offer- if the menu button "Allocate the contribution" is pressed. As far as the type of offer INMF Pinboard is concerned, a non-binding transmission of information is done by pressing the menu button "Send the message", however, if no other provisions are made in the respective offer.
  3. The offeror must
    1. at first, set up his, her or its offer in the appropriate types of offer (i.e. INMF Marketplace, INMF Pinboard, INMF Donation, INMF Sponsorship),
    2. then, set up his, her or its offer in the appropriate categories of offer (i.e. animal & species protection, antiques & art objects, environment & resources, events & activities, land use & marine exploitation, monuments & heritage sites, nature & landscape, pets & commercial animals, plants, science & research, settlements & open spaces, sustainable products and wild animals), and – as far as possible- set up his, her or its offer into the appropriate subcategories of offer, however, whereby only certain categories of offer can be selected for a particular offer, and
    3. describe his, her or its offer accurately and completely, which means to describe all essential characteristics correctly and truthfully, and to inform of the details of the contract, of the payment, as well as of the delivery and of the delivery time where applicable.
  4. By pressing the menu button “Set up the offer", the offer is saved and displayed in a summary list in the virtual customer area of the respective offeror, but is not published yet. By activating the detailed view of an offer in the summary list, by clicking the option "Publish the offer" and by pressing the menu button “Publish the offer with costs”, a contract is concluded between the respective offeror and the operator relating to the eventually fee-based use of the services of the operator. In addition, the offer, including its contents, is released for publication. After the offer will have been released for publication, the offer is generally published within a short period of time on the platform, and is displayed in lists of offers and search results. The offer period starts with the publication on the platform. If the account of an offeror is not activated yet by the operator after his, her or its new registration, the respective offeror can, nevertheless, already set up offers and release them for publication. However, the publication of the offers on the platform and their display in lists of offers and search results only take place after the activation of his, her or its account by the operator. The offer period starts with the actual publication on the platform. The publication of a released offer can be delayed for technical or other reasons (see section 10, subsection 4 of these general terms and conditions of business). In this case, the offer period starts with the actual publication of the offer on the platform as well. If an offer, which has been released for publication and which has already been published, is deleted by an offeror, all offers accepted by offerees up to that point in time have liability -unless otherwise provided for in the respective offer.
  5. While the offers are displayed in lists of offers, search results and lists of offer reports that display offers regardless of their type, category or subcategory, there is no entitlement to offers being displayed together with or separately from other offers that belong to specific types of offers, categories of offers, subcategories of offers and / or have certain other characteristics. As far as lists of offers, search results and lists of offer reports are concerned that display offers related to certain types of offers, categories of offers or subcategories of offers, there is no entitlement to offers being displayed together with or separately from other offers that have certain characteristics.
  6. The operator provides a message system for the customers, which serves to send and to receive messages for contractual or pre-contractual communications. A successful registration and a login on the platform are required for the use of the message system. For instance, offerors can be asked questions by means of the message system. The operator retains copies of all messages sent and received via the message system. The operator uses these copies, especially, for the clarification of questions between the customers. By signing-up, the customer agrees with this procedure (cf. privacy policy).
  7. On request, the operator can provide general contract templates or text modules for an offeror, which can be used for the processing of contracts concluded via the platform. The use of these contract templates or text modules is voluntary, and is done without any guarantee for their legality, accuracy, appropriateness, completeness or clarity as well as at the own risk of the contractors or users respectively. The use of the contract templates or text modules does not release the contractors or users respectively from the obligation to verify themselves the legality, accuracy, appropriateness, completeness or clarity of the contractual contents and formulations or to have them reviewed by experts. The use of the contract templates or text modules is exclusively allowed to registered users, and is only permitted in connection with the use of the platform www.inmf.net and the services offered there.
  8. On request of the offeree that accepts an offer on the platform belonging to the type of offer INMF Donation, and that makes a donation on the basis of this offer, the respective offeror has got to issue charitable donation certificates that are accepted by tax authorities (for the tax deductibility of the donation), however, provided that he, she or it is entitled to do so.
  9. The price in the type of offer INMF Marketplace shall be understood to be the final price including the value added tax and other price components. Shipping costs that, if applicable, have to be paid, are displayed separately, and are added on. Offerors are not allowed to divide and to demand fees or commissions, which are payable by the offeror to the operator, among offerees in addition to the sales price.
  10. The operator provides different payment methods for the processing of monetary payments as far as the types of offer INMF Marketplace, INMF Sponsorship and INMF Donation are concerned. At any time, the operator is entitled to change as well as to supplement or to restrict the number, the type and the range of functions of the payment methods. In no case, the operator will do financial transfer business, for instance, by taking money in and / or by transmitting money, or will provide other payment services. If the payment method "direct debit" is selected, a banking account for the direct debit must be specified and a direct debit mandate for the respective bank account must be granted. As far as the transaction of direct debit payments in the type of offer INMF Marketplace is concerned, the offeror is entitled to an immediate debiting in compliance with permissible time limits. By contrast, as far as the types of offer INMF Donation or INMF Sponsorship are concerned, an offeree can determine a debit date at which or from which the direct debit should be transacted in compliance with permissible time limits. If the offeree does not indicate a debit date, the date at which or from which the direct debit can be transacted, in compliance with permissible time limits, depends on the date at which the offer was accepted.
  11. If necessary, the operator can provide pre-filled direct debit mandates or a pre-filled postal cover letter for the offeree, which can be downloaded and printed. In addition, as far as the types of offer INMF Donation and INMF Sponsorship are concerned, the operator can provide a pre-filled honorary certificate for offerees, which can be downloaded and printed. The pre-filled contents rely on automatically inserted information that was given by the respective offeror or offeree during his, her or its registration or during a subsequent change of data of his, her or its account under "My account". The use of pre-filled direct debit mandates, pre-filled postal cover letters or pre-filled honorary certificates is voluntary, and is done without any guarantee for their legality, accuracy, appropriateness, completeness or clarity, as well as at the own risk of the contractors or users respectively. The use of pre-filled direct debit mandates, pre-filled postal cover letters or pre-filled honorary certificates does not release the contractors or users respectively from the obligation to verify themselves the legality, accuracy, appropriateness, completeness or clarity of the contractual contents and formulations or to have them reviewed by experts. The use of pre-filled direct debit mandates, pre-filled postal cover letters or pre-filled honorary certificates is exclusively allowed to registered users, and is only permitted in connection with the use of the platform www.inmf.net and the services offered there.
  12. The offers set up on the platform and the contents created by the respective offeror in this context must not be false, untrue, misleading, offensive, threatening, abusive, defamatory, stolen, obscene, indecent, anti-competitive, fraudulent or offensive, and must not infringe rights of third parties (in particular copyright, patent or trademark rights, proprietary or privacy rights). Links within the respective offer to external websites outside of www.inmf.net are only permitted to the extent of expressly provided linking features of the platform or as far as they have been expressly permitted by the operator. The operator reserves the right to delete offers if they violate any applicable law or these general terms and conditions of business or, on top of that, if there is a danger that the rights of third parties are violated by the respective offer.
  13. By setting up offers and / or by creating specific contents, the offeror grants a simple, i.e. non-exclusive right to the operator to use these contents to the contractually presupposed extent. This includes also the right to use the contents provided by the offeror for advertising purposes and to disclose them to third parties, for example, in the context of a newsletter, or to advertise via social networks, such as Facebook, Twitter or the like. By setting up an offer, the offeror also agrees that he, she or it can be cited by the operator as a reference, -where appropriate- also with his, her or its respective business logo.
  14. The offeror shall ensure that all contents provided by him, her or it are free of third party rights and, on top of that, releases the operator from all claims made by third parties against the operator in connection with his, her or its offer on the platform, however, except the offeror is, in individual cases, not responsible for the operator having received a claim by a third party. In addition, the limitation of liability pursuant to section 10 of these general terms and conditions of business applies as well.
  15. The operator gives customers, that have set up an offer on the platform, the opportunity to write an offer report during or at the end of current offers. The offer report can relate, for instance, to received monetary contributions, contributions in kind, voluntary work or free services. As far as donations are concerned, it is explicitly recommended to make use of this opportunity, especially, to create transparency and to convince other interested parties of the effectiveness of contributions.

§ 6 Insertion fees, commissions and billing

  1. Insertion fees can apply for the setting up of offers. The insertion fees for the type of offer INMF Marketplace depends on the height of each requested price and on the number of identical goods or tickets offered for sale. The maximum possible number of identical goods or tickets offered for sale is displayed in the price list that is currently in force. Differing insertion fees can apply for the setting up of offers in the context of other types of offers (INMF Donation, INMF Pinboard, INMF Sponsorship). The price list that is currently in force is decisive for all insertion fees. The insertion fees apply for a basic offer period of 7 days. Besides that, the following offer periods can be selected for all types of offers: 7 days, 14 days, 30 days, 90 days, 180 days, 365 days (= 1 year, regardless of the actual number of days, concerning especially leap years). The longer the chosen offer period is, the bigger the price discount is, in particular, comparing it to multiples of insertion fees for shorter offer periods. 
  2. As far as the types of offer INMF Marketplace, INMF Donation or INMF Sponsorship are concerned, a percentage success-related commission can be charged for the successful brokering of offers in relation to the sale price or to the amount of money raised respectively. On top of that, a one-time percentage additional commission relating to the amount of money that is intended to be paid repeatedly or regularly can also be due as far as the types of offer INMF Donation or INMF Sponsorship are concerned. Even if the approval of repeated or regular payments will be revoked, the percentage additional commission is due for payment, and will not be refunded. Finally, a one-time lump-sum success-related commission can be charged for the successful brokering of offers in all types of offers. It is charged either solely or in combination with percentage success-related commissions or percentage additional commissions, however, it is always without reference to the sale price or to the amount of money raised. The price list that is currently in force is applicable for all success-related commissions and additional commissions.
  3. The insertion fees and commissions (success-related commissions, additional commissions) for the setup and the successful brokering of offers are due for payment by the offeror to the operator immediately, and can be paid either through the issuance of a SEPA direct debit mandate, which relates to the bank account specified by the respective offeror, or via other payment methods that are explicitly offered and allowed by the operator. The operator will send an invoice to the respective offeror, directed either to the e-mail address or to the postal address indicated by the offeror.
  4. In case a direct debit fails, the offeror has got to refund the additional costs incurred by the failing to the operator, however, only as far as the offeror himself, herself or itself is responsible for the failure or the late payment. The offeror can only offset claims of the operator relating to fees against those claims that are undisputed, determined without further legal recourse or ripe for adjudication. The same applies to the assertion of the right of detention.
  5. If an offeror who is a consumer falls into arrears concerning the payable insertion fees or commissions, the operator is entitled to make him or her pay interest on the outstanding debts in the amount of five percentage points above the respective base interest rate of the European Central Bank per year. As far as legal transactions are concerned in which a consumer is not involved, the interest rate has got an amount of eight percentage points above the respective base interest rate of the European Central Bank. Further damage caused by delay shall remain unaffected.
  6. If an offer that has been released for publication or that has already been published is deleted by the respective offeror, all insertion fees as well as all success-related commissions and additional commissions incurred until then are nevertheless due for payment. The insertion fees are also payable if an offer is released for publication by an offeror by pressing the menu button “Publish the offer with costs”, but is deleted by him, her or it before the actual publication of the respective offer takes place on the platform.

§ 7 Marketing services and advertising services

  1. Customers that belong to the customer group of private businesses can advertise on the platform. For instance, they can commission advertisements or banner ads ("advertising media"), which are displayed on the platform during the booked advertising period. Unless otherwise specified or agreed, the advertising offers of the operator are subject to the availability of the offered advertising space, and are not binding. Furthermore, unless otherwise agreed, the advertising contract is concluded by a written confirmation of the customer´s application by the operator, or by the visible placement of the advertising media by the operator.
  2. The operator reserves the right to reject or to ban advertising orders due to the content, the origin or the technical form of the advertising media in accordance with uniform, objectively justified principles, even retroactively, if the advertising media violates laws, official regulations, third-party rights, or goes against etiquette based on the dutiful discretion of the operator, or if the placement is unacceptable for the operator. The operator will inform the customer of a rejection or withdrawal or blocking respectively immediately.
  3. Advertising media that is not already clearly identifiable as advertising, for instance, due to its design, can be marked by the operator as advertising media, for example, by the note "Advertisement".
  4. Booked advertising media is placed on the agreed web page within the agreed period of placement. There is no legitimate claim to a placement of the advertising media in a certain position, however, only as far as not otherwise agreed in writing. Nevertheless, the operator will try to enable the placement of the advertising media in the position requested by the respective customer.
  5. The customer is obliged to provide proper and correct advertising media, which corresponds especially to the format or technical specifications of the operator, or to provide the data in time respectively, which is -depending on the advertising order- necessary for the design of the advertising media, especially, no later than two weeks before the start of the desired placement and in an appropriate form, preferably by e-mail.
  6. As far as the legality of the data transmitted by the respecitve customer is concerned and as far as the granting of the rights of use required for the placement of the desired advertising media is concerned, the provisions of section 5, subsections 12 to 14 of these general terms and conditions of business apply mutatis mutandis. In addition, the customer himself, herself or itself is responsible for the legitimacy (for example, in relation to trademark laws or competition laws) and for the accuracy of the ordered advertising media even if the operator received claims by third parties due to the respective advertising media. The customer grants the operator all copyright-related rights of use, ancillary copyrights and other rights that are necessary for the use of the advertising media by means of all known technical procedures as well as necessary for the use of the advertising media in online media and in offers of mobile technologies of all kinds. In doing so, the granting is -within the scope necessary to accomplish the order- unrestricted concerning time, content und location, and comprises, in particular, the right of duplication, distribution, publication, public reproduction, opening to the general public, transmission, broadcast, taking of data from a database and recall.
  7. Unless otherwise agreed, the price list that relates to marketing services and advertising services of the operator and that is in force at the time of the order of the respective customer applies to the aforementioned advertising services. The prices quoted there are considered to be displayed in Euro, exclusive of value added tax.
  8. The operator ensures a best possible reproduction of the desired advertising media related to the scope of the foreseeable requirements and corresponding to the respective prevailing technical standard, however, only as far as the advertising media or data provided by the respective customer allow this. The warranty does not apply to non-essential errors. The customer is committed to check the placed advertising immediately, in particular, after the first placement, and is obliged to inform the operator in writing of any errors within the first week of the placement. After this deadline, any error is considered to have been approved. If the customer requests a change of his, her or its advertising after the expiry of the aforementioned period, he, she or it is committed to bear the costs caused by the change. In the case of a poor execution of the order, the customer is -at the option of the operator- entitled to a subsequent improvement, or entitled to a proper replacement of the placed advertising, however, only to the extent to which the purpose of the advertisement has been impaired. If the subsequent improvement or the replacement of the advertising fails, the respective customer can either withdraw from the contract on the placement of the advertising or reduce the payment. If defects of all kind in the provided advertising media are not obvious, the customer has no claims in the case of a defective placement. The same applies for errors in repeatedly placed advertisings if the customer does not indicate the error before the next placement of the advertising.
  9. In addition, the provisions of the sections 4, 9 and 10 of these general terms and conditions of business also apply in connection with the ordering of advertising services being described in this section (section 7).

§ 8 Obligations of the customer

  1. The customer is obliged to refrain from the following actions and behaviours in connection with the use of the platform:
  1. to set up offers that contain an instruction or a note indicating not to accept the offer through the platform, but to contact the offeror directly aiming at concluding the legally binding transaction and / or the contract outside the platform;
  2. to set up offers in which information or data is published that aims to conclude the legally binding transaction and / or the contract outside the platform;
  3. to use other practices that are aimed to conclude a legally binding transaction and / or the contract outside the platform;
  4. to use practices of every description that are aimed to poach customers entitled to set up offers and to conclude a legally binding transaction and / or a contract outside the platform, such as practices of poaching of professional fundraisers or of operators of other internet marketplaces;
  5. to use practices of every description whereby data that is related to persons, organisations or businesses and that was obtained by the use of the platform, in particular, addresses, contact information or e-mail addresses, is used for other purposes than for contractual or pre-contractual communications, in particular, for the conclusion of a legally binding transaction and / or a contract outside the platform, for a resale or for the sending of advertising;
  6. to set up offers that do not belong to the categories offered on the platform and to the subjects related to them (i.e. animal & species protection, antiques & art objects, environment & resources, events & activities, land use & marine exploitation, monuments & heritage sites, nature & landscape, pets & commercial animals, plants, science & research, settlements & open spaces, sustainable products and wild animals);
  7. to set up offers that relate to properties, rights equivalent to real property, business premises or residential properties within the meaning of section 34 c of the German Trade Regulation Act (Gewerbeordnung, GewO);
  8. to set up offers or to accept offers that violate laws in effect, rights of third parties or go against etiquette;
  9. to set up offers whereby the specified fixed price is not the final price of the offered goods or tickets, in particular, the specification of one or more rates or the specification of a net price exclusive of VAT;
  10. to set up offers whereby the offeree is asked to inform the offeror of the desired number of goods or tickets that the offeree can buy at the same price;
  11. to set up offers in the wrong type of offer to bypass possibly existing insertion fees, success-related commissions or additional commissions of the correct type of offer;
  12. to set up offers in which the conclusion of other legally binding transactions is required, in addition to the actual legally binding transaction;
  13. to set up offers that contain catalogues, brochures or inadmissible URLs of web pages in which or on which offers are advertised or can be accepted;
  14. to set up offers in which other offers are contained in the description of the offer, in particular, identical offers or variations of the created and published offer;
  15. to set up offers that advertise for a political, ideological or religious perspective or discredit other political, ideological or religious perspectives;
  16. to set up offers that advertise for a membership in an organisation or party;
  17. to set up offers that advertise for a stake in the basic assets of a foundation or for donations into the basic assets of a foundation and / or for the assignment of inheritances, or that include corresponding offers;
  18. to set up offers that are related to the offering of the purchase or the sale of financial instruments according to the German Banking Act (Kreditwesengesetz, KWG) as amended from time to time and / or related to services that are geared to it;
  19. to set up offers that, independently from the seat of the offeror; violate regulations of the German Gun Control Act (Waffengesetz, WaffG), the German Explosives Act (Sprengstoffgesetz, SprengG), the German War Weapons Control Act (Kriegswaffenkontrollgesetz, KWKG) as well as sub-legal regulations and / or the delegated legislation based on these acts and as amended from time to time;
  20. to set up offers that are contrary to legal admissibilities and / or official responsibilities (e.g. of the national investigating authorities);
  21. to use practices of every description that are contrary to provisions of the German Money Laundering Act (Geldwäschegesetz, GwG) and / or sub-legal regulations based on this act and as amended from time to time.
  1. In the case of a violation of the obligations mentioned above, the operator is entitled to the sanctions and rights of section 4 of these general terms and conditions of business, irrespective of further claims (for instance, targeted at further information, injunctive reliefs, damages, etc.).
  2. The operator is entitled to remove any contents that are illegal or violate these general terms and conditions of business from the platform at any time and without prior notice. Likewise, it is at the operator's discretion to remove such information -even without prior notice- that has been reported by other users or by third parties.

§ 9 Own ranges of goods and vouchers of the operator

  1. As far as the operator itself offers goods (such as merchandising products or the like) or vouchers for sale on the platform, the following provisions of section 9 apply.
  2. In this case, the operator itself is the contractual partner of the customer, i.e. the ABIGRO GmbH & Co. KG, Humweilerstrasse 73 B, 66649 Oberthal / Germany, commercial register at the district court of Saarbrucken / Germany, HRA 11046, legally represented by the personally liable general partner company ABIGRO Geschäftsführungs- und Verwaltungsgesellschaft mbH, ibid., commercial register at the district court of Saarbrucken / Germany HRB 19192; which, in turn, is represented by the managing director Achim Biegel.
  3. Vouchers are provided with a certain face value, and can be purchased by all registered users of the platform www.inmf.net from the operator of the platform. A voucher will only be issued in the name of a particular person or organisation or of a particular business that corresponds to the definitions of section 1, subsection 2 Nos 1 to 4. The operator reserves the right to refuse to issue a voucher to a particular beneficiary. The redemption of a voucher only occurs if the voucher has been paid in full. The nominal value of a voucher will be offset against fees, commissions or payment obligations that arise if the beneficiary named in the voucher uses the services of the platform www.inmf.net or buys goods or tickets of the operator of the platform www.inmf.net. The rights of the beneficiary named in the voucher are non-transferable. A redemption of the voucher by the beneficiary referred to in the voucher or by the buyer of the voucher in return for a payment of cash and / or for a credit entry of book money is excluded.
  4. The customer service of the operator is available by using the contact data specified in the imprint / impressum of the website www.inmf.net. The legally relevant text of the contract is stored and made available by the operator on the website www.inmf.net under the link "General terms and conditions of business" or “GTC” respectively. German is basically the contractual language in accordance with the provisions of section 11, subsection 2 of these general terms and conditions of business. The warranty depends on the statutory provisions.
  5. Unless otherwise provided, the purchase contract or reservation contract with the respective customer that relates to a product or voucher offered by the operator is concluded

a) either electronically after the selection of the desired product or of the desired voucher, the enter of the order quantity, the selection of the desired method of payment by the respective customer, the pressing of the menu button "Order with costs" or of the menu button "Reserve with costs" (binding offer of the customer) and by the receipt of an order confirmation of the operator, which will usually be sent by an e-mail to the e-mail address specified by the respective customer, or

b) by using an order form offered by the operator, after the submission of the completed and signed order form via mail or fax to the contact data of the operator specified in the imprint / impressum of the website www.inmf.net (binding offer of the customer) and by the receipt of an order confirmation of the operator, which will usually be sent by e-mail to the e-mail address specified by the customer.

  1. If necessary and as far as an electronic order is concerned, a customer has got to specify a delivery address that is different from his, her or its postal address in advance, in particular, during his, her or its registration or in his, her or its user account under "My account". By contrast, as far as an order is concerned that is based on a written order form, a delivery address that differs from the respective postal address of the customer has got to be indicated in the input fields of the order form provided for this purpose. Input errors that occur during an ordering process by electronic means can be corrected at any time by pressing the "back button” of the browser prior to sending the order.
  2. The purchase price of offered products or vouchers is displayed on the specific web page or order form. The purchase price of offered products includes the legal value added tax. As far as shipping costs are payable on top of that, the amount of shipping costs will be separately displayed during the ordering process. In each case, the operator sends an invoice to the customer addressed to the e-mail address or postal address respectively that has been indicated by the respective customer.
  3. Unless noted otherwise, the customer can pay the purchase price and the shipping costs by issuing a SEPA direct debit mandate, if he, she or it previously specified a valid bank account. If the direct debit fails, section 6, subsection 4 shall apply mutatis mutandis. If the customer falls into arrears concerning the payable purchase price and shipping costs, the operator is entitled to made him, her or it pay interest on the outstanding debts, which means interest rates of five percentage points in the case of business transactions with consumers and, in the case of business transactions with non-consumers, eight percentage points above the respective base interest rate of the European Central Bank per year. Further damage caused by delay shall remain unaffected.
  4. The delivery time is up to 6 days after the order confirmation has been received by the customer.
  5. Right of withdrawal for consumers when purchasing own product ranges & vouchers of the operator

According to section 312 g, subsection 1 of the German Civil Code (Bürgerliches Gesetzbuch, BGB), consumers are entitled to have a right of withdrawal relating to section 355 of the German Civil Code (Bürgerliches Gesetzbuch, BGB) as far as distance contracts are concerned of which you will be informed in the following explanation.

According to section 13 of the German Civil Code (Bürgerliches Gesetzbuch, BGB), a consumer is a natural person who concludes a legal transaction for purposes that cannot be predominantly ascribed neither to his or her commercial nor to his or her self-employed activity. According to section 312 c, subsection 1 of the German Civil Code (Bürgerliches Gesetzbuch, BGB), distance contracts are contracts whereby the entrepreneur -or someone acting in his, her or its name or on his, her or its behalf- and consumers only use means of distance communication for the contract negotiations and the conclusion of the contract, however, except that the conclusion of the contract is not carried out in the context of a system of sale and service-provision organised for distance sales. According to section 312 c, subsection 2 of the German Civil Code (Bürgerliches Gesetzbuch, BGB), means of distance communication are all means of communication that can be used to initiate or conclude a contract without the contractual parties being physically present at the same time, such as letters, catalogues, phone calls, faxes, e-mails, messages sent via cellular radio (SMS) as well as broadcasting and telemedia.

 

Cancellation policy (for consumers only):

 

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period will expire after fourteen days from the day on which the contract is concluded. To exercise your right of withdrawal, you must inform us

   (ABIGRO GmbH & Co. KG

   Humweilerstrasse 73 B

   66649 Oberthal / Germany

  

   Contact via e-mail)

of your decision to withdraw from this contract by making an unequivocal statement (e.g., a letter sent by mail, a fax or an e-mail). You may use the attached model withdrawal form, which, however, is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period will have expired.

 

Consequences of the withdrawal

If you withdraw from this contract, we shall pay back all payments received from you, including the delivery charges (except for the additional costs arising from the fact that you might have chosen a type of delivery that is different from the least expensive type of standard delivery offered by us), without undue delay and, in any event, not later than fourteen days from the day on which the communication concerning the withdrawal from this contract is received by us. For this repayment, we will use the same methods of payment that you will have used for the initial transaction, however, unless you have expressly agreed otherwise. In any case, you will not be charged fees because of this repayment.

We may refuse a refund until we will have received the goods back or until you will have provided evidence of having sent back the goods, whichever is the earliest. You have got to send back the goods or to hand them over to us without undue delay, and, in any case, not later than fourteen days from the day on which you inform us of the withdrawal from this contract. The deadline is met if you send back the goods before the expiration of the period of fourteen days. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods if this diminished value results from the handling other than what is necessary to establish the nature, characteristics and functioning of the respective goods.

 

Exclusion of the right of withdrawal

The right of withdrawal does not apply to contracts

  • concerning the delivery of goods that are not prefabricated and for which an individual choice or determination by the consumer is decisive or that are clearly adjusted to the personal needs of the consumer;

  • concerning the delivery of goods that can quickly decay or whose expiry date would pass quickly;

  • concerning the delivery of sealed goods that are not suitable for a return for reasons of health or hygiene if their sealing has been removed after the delivery;

  • concerning the delivery of goods if the respective goods were inseparably mixed with other goods after the delivery due to their nature;

  • concerning the delivery of alcoholic beverages whose price has been agreed upon in the contract, but that can be delivered at the earliest thirty days after the conclusion of the contract, and whose current value depends on fluctuations in the market on which the entrepreneur has no influence;

  • concerning the delivery of audio or video recordings or computer software in a sealed pack if the sealing will have been removed after the delivery;

  • concerning the delivery of newspapers, periodicals or magazines with the exception of subscription contracts.

 

End of the cancellation policy

 

Special notes

The withdrawal period does not start according to section 356, subsection 3 of the German Civil Code (Bürgerliches Gesetzbuch, BGB) before a contractor has informed a consumer of the withdrawal option according to the requirements of article 246a, section 1, subsection 2, No 1 of the Introductory Act of the German Civil Code (Einführungsgesetz zum Bürgerlichen Gesetzbuch, EGBGB), and expires at the latest twelve months and 14 days after the date specified in section 355, subsection 2, sentence 2 of the German Civil Code (Bürgerliches Gesetzbuch, BGB), which means the date of the commencement of the withdrawal period by the conclusion of the contract.

 

§ 10 Liability

  1. The operator can only be held liable for damage for whatever legal reason in the case of intent and gross negligence. Furthermore, the operator is liable for the negligent breach of essential contractual obligations (cardinal duties), i.e. such obligations whose breach endangers the attainment of the purpose of the contract and on which a contracting party can regularly rely. In the event of a negligent breach of cardinal duties, the operator shall only be liable for the damage that was foreseeable and typical for the type of contract at the time of the conclusion of the contract. An exclusion or limitation of liability of the operator is also effective on the personal liability of its legal representatives, employees and other agents.
  2. The aforementioned limitations of liability (section 10, subsection 1) do not apply to the violation of life, limbs or health. The liability according to the German Product Liability Act (Produkthaftungsgesetz, ProdHaftG) remains untouched as well.
  3. The operator shall not be liable for the correctness of the data and / or information and / or contents provided by customers. In this respect, the responsibility for the veracity rests solely on the customer that sets up offers.
  4. The operator makes the platform available on the internet. Therefore, the accessibility is naturally subject to fluctuations on which the operator has partially no influence. Thus, a certain availability of the platform and / or of individual offers or contents can neither be guaranteed nor ensured. In addition, the operator also reserves the right to disconnect the page temporarily from the internet for the purpose of maintenance work. Therefore, any liability or warranty does not exist in the case of a non-availability of the platform.
  5. As far as a data loss occurred through the operator´s fault, the operator is only liable for those expenses that are typically required for the recovery of the data if a proper data backup had been carried out by the respective customer. In the case of slight negligence, this liability only occurs if the customer performed a proper backup immediately before the action that will have lead to the loss of data. A proper backup exists if the customer has fully backed up his, her or its data at least every day.
  6. Finally, the operator is not liable at all as far as the relationship of the customers among themselves is concerned, in particular, not in connection with contracts between the customers themselves that are concluded via the platform.

§ 11 Final provisions

  1. This contract is exclusively subject to German law under exclusion of the UN Sales Convention for the International Sale of Goods (CISG). As far as contracts are concerned that are not ascribed to the professional or commercial activity of the customer (contracts with consumers), this choice of law only applies insofar as the protection is not withdrawn by mandatory provisions of the law of the state in which the consumer has his or her habitual residence.
  2. German is basically the contractual language as well as the language for changes, extensions and/or amendments of the general terms and conditions of business. However, the general terms and conditions of business can be translated into other languages. In cases of doubt and in the event of divergences between the versions, the version in German is decisive and takes priority. The contract text is stored on the website of the operator and can be recalled at any time under www.inmf.net/general_terms_and_conditions_of_business.htm.
  3. Our customer service is available concerning questions, complaints or enquiries via the as well as by phone from Monday to Friday in the time between 9:00 AM to 17:00 PM and via the phone number specified in the imprint / impressum.
  4. The operator reserves the right to change these general terms and conditions of business at any time, and will inform the customer in the event of a change in time. The information is usually sent by e-mail. If the operator receives no objection of the customer within 4 weeks after the receipt of the notification of the change, the amended general terms and conditions of business shall be deemed accepted by the customer. The operator shall inform the customer of his, her or its right of objection once more in the context of the notification of the change. The objection can be submitted in writing, via the contact form, by e-mail or by fax to the contact data specified in the imprint / impressum.
  5. For disputes arising by or in connection with these general terms and conditions of business, the courts in Saarbrucken / Germany have exclusive jurisdiction, however, provided that the contracting party is a business or is without a fixed abode in Germany, has moved his, her or its domicile or usual place of residence in foreign countries after these general terms and conditions of business have taken effect, or if the domicile or habitual residence of the respective contracting party is not known at the time of the commencement of proceedings. Provided that the customer is a merchant within the meaning of the German Commercial Code (Handelsgesetzbuch, HGB), a public separate estate or a legal person under public law, Saarbrucken / Germany is the exclusive place of jurisdiction for all disputes arising from these general terms and conditions of business.
  6. Online Dispute Resolution (ODR): According to the EU Regulation No. 524/2013 on online dispute resolution for consumer disputes, consumers can make use of the possibility to settle disputes relating to online sale contracts or online service contracts out of court via an online platform for online dispute resolution (ODR platform). The platform has been established by the European Commission, and can be accessed via the following link: http://ec.europa.eu/consumers/odr/. In this context, our e-mail address is:

  7.  Alternative Dispute Resolution (ADR): ABIGRO GmbH & Co. KG is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration service.

  8. If one or several provisions of these general terms and conditions of business are invalid, the contract remains nevertheless effective. Insofar as the provisions are ineffective, the content of the contract depends on the statutory provisions of Germany.

 

Effective date: 23/06/2017

 

                                                                                Model withdrawal form (for consumers only)

 
 
(If you want to withdraw from the contract, please fill out this form and send it back)
 
– to

 

  ABIGRO GmbH & Co. KG
  Humweilerstrasse 73 B
  66649 Oberthal / Germany
 
 

 

– I/we (*) herewith withdraw from the contract concluded by me/us (*) concerning the purchase of the following goods (*) / concerning the provision of the following services (*)
 
– Ordered on (*) / received on (*)
 
– Name of the consumer(s)
 
– Address of the consumer(s)
 
– Signature of the consumer(s) (for written notices only)
 
– Date
_____________
(*) Delete as appropriate.
 
 
 
The model withdrawal form is also available as a fillable PDF form.
 
You will receive a free program to fill out, save and print out this model withdrawal form here.
 
 
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