1 www.nauticondo.com is an online classified ad portal for goods, merchandise and services in the field of nautical equipment where users can create and publish products (hereinafter referred to as "advertisements”) as well as search for published advertisements by other users. The internet service is owned and operated by Sophia Kuther as a natural person.
2 Nauticondo only provides the platform to its users and facilitates the exchange of buyer and seller by allowing users to post advertisements and allowing the exchange of messages between the buyer and the seller. Nauticondo is neither an intermediary not a broker, hence is not owning the advertisements listed nor the advertised products. Hence the advertisements do not represent binding offers by Nauticondo in any case. As contracts are exclusively agreed on between users, Nauticondo is not liable for a (non-) conclusion of a contract between buyer and seller.
Furthermore, Nauticondo is not responsible for the correctness of the user’s identity details or the availability of a user via the contact details provided. Nauticondo reserves the right to delete/deactivate entries with further links.
Nauticondo disclaims all responsibility in relation to the publication and/or deletion/deactivation of the advertisements and disclaims liability for the success of any advertisement and for the enforceability of any contract entered into through Nauticondo.
Liability in terms of warranty, guarantee, damages, product liability, etc. for any goods purchased through Nauticondo rests with the respective seller of the goods.
Furthermore, the customer agrees to fully indemnify and hold Nauticondo harmless from and against any and all third party claims for which the customer is responsible. The user agrees to indemnify and hold Nauticondo harmless from and against any and all costs incurred by Nauticondo in the course of legal proceedings, including legal fees and costs of court proceedings, in the event that Nauticondo is sued in the course of legal proceedings (judicial, extrajudicial, criminal or civil) on the basis of advertisements placed and published by the user, in particular actions for defamation, libel, credit damage under the Criminal Code, proceedings under the Copyright Act or the Media Act, content under civil or criminal law, judicial or extrajudicial and the Unfair Competition Act or, however, civil libel and/or credit damage requires legal advice and/or legal representation.
Advertisements and services do not in any way authorise the user to make any claim. Nauticondo’s liability does not include any damage caused to customers by the transmission of data to third parties in any electronic form (advertisements, e-mails, etc).
All advertisements are to be transmitted electronically to Nauticondo by self-entry. Any claim for damages due to incorrect information cannot be asserted. Nauticondo is not liable for hardware or software required for self-entry or for the administration of advertisements and data. The full responsibility for all links lies with the customer. Nauticondo reserves the right to discontinue or restrict its services in whole or in part at its own discretion. Nauticondo accepts no liability for server errors (failure, maintenance, etc.). Nauticondo expressly points out that the unauthorised production of copies, unauthorised linking (framing) or publication of advertisements as the publication of advertisements disguised as a third party's own offer cannot be can be completely excluded. Nauticondo will endeavour, as far as technically and legally possible and reasonable, to prevent such practices. The advertiser hereby gives Nauticondo the necessary consent to do so. However, the advertiser has no claims whatsoever against Nauticondo arising from any unauthorised action taken by third parties. Insofar as Nauticondo is liable for damage in accordance with the statutory provisions, Nauticondo’s liability is limited to intent and gross negligence. Any further liability of Nauticondo, in particular for slight negligence, atypical damage, loss of profit, damage due to defects, indirect and consequential damage, damage to third parties, etc. is excluded. Nauticondo’s liability is in any case limited to the amount/price of the order in question with the customer. The burden of proof for the fault of Nauticondo lies with the customer. Claims for damages shall in any case become statute-barred within six months. This shall apply subject to mandatory statutory provisions to the contrary (e.g. provisions (e.g. Consumer Protection Act). Any liability of Nauticondo for damages due to force majeure (e.g. strike, war crimes, earthquakes) is excluded.
4 Throughout the EU, the withdrawal period for distance contracts is 14 calendar days. The same applies to all contracts between buyers and entrepreneurs on Nauticondo. However, this does not apply to perishable goods or goods that have already been opened. If the merchant offers different regulations, this will be stated in the product description.
5 The customer is obliged to keep his access data (e.g. user name, password, etc.) secret and to protect them from unauthorised access by third parties. The customer must report misuse or unauthorised use to Nauticondo immediately in writing. Until then, any access and any action or use of services related to the customer's user account shall be attributed to the customer.
Self-registration (with Nauticondo) creates a contractual relationship for an indefinite period between Nauticondo and the customer in accordance with the present T&Cs. Registration is free of charge and enables free use and is a prerequisite for the placement of advertisements on the Nauticondo internet portal. There is no entitlement to registration.
6 The customer expressly acknowledges that Nauticondo or other third parties hold the sole copyrights or ancillary copyrights to the entire image and to parts of the advertisements created by Nauticondo as well as to advertisements placed by third parties and to the other content published on www.nauticondo.com (texts, trademarks, photos, databases, layout, etc.).
As soon as an advertiser has placed an advertisement on Nauticondo, he/she transfers the exclusive and transferable right of use to Nauticondo. Nauticondo has all the necessary rights to change, share and publish this content for an unlimited period of time and space from the time of placement. Nauticondo is also entitled to use the advertisements including photos for self-promotional purposes. Nauticondo may defend itself against unlawful action against the transferred rights of use in its own name and take legal action, but is not obliged to do so.
In the event of any defence by Nauticondo, Nauticondo is to be supported by the advertiser with all its possibilities. Should third parties make claims against the advertiser, the advertiser must notify Nauticondo of these immediately and in writing.
7 Customers shall bear the costs and expenses associated with their payment (e.g. via PayPal/bank transfer). Any price stated in the advertisement is understood to be the gross price (including statutory VAT, duties and other surcharges). Nauticondo reserves the right to issue a total invoice for all services provided by Nauticondo, even if these services are owed under different contracts. If payment on Nauticondo is processed via a payment service provider (e.g. Paypal), Nauticondo accepts no liability for the security of the data or incorrect bookings caused by errors on the part of the payment service provider. In any case, Nauticondo is not liable for theft, loss, etc. of the access data, the credit balance or other information and/or data.
8 Any user of Nauticondo can terminate the contractual relationship on the basis of these T&Cs with Nauticondo by deleting the profile on Nauticondo. However, the T&Cs remain in effect for any activities/transactions/contracts made during the term of the active account.
9 Users, as well as third parties to whom internal information (e.g. data, know-how, business and trade secrets, etc.) has been transmitted, must treat the information as strictly confidential. Nauticondo reserves the right to legally pursue any dissemination of such information (with the exception of publicly accessible information). Customers are not permitted to pass on their rights and obligations to third parties. Should this be necessary, written permission must be obtained from Nauticondo. Should Nauticondo conclude agreements with users which deviate from existing agreements, these must be concluded in writing. Verbal agreements do not exist. Should individual provisions of these T&Cs be invalid due to legal regulations, the remaining provisions shall remain valid unchanged. The invalid or void provision shall be replaced by a clause which comes as close as possible to the economic and legal purpose of this provision. In consumer business, the invalid or void provision shall be replaced by the provision that is legally provided for consumers. The same applies to loopholes in the T&Cs.
10 Customer support is offered by Nauticondo via e-mail. No guarantee is given for the availability of support. Information given verbally is not binding. Nauticondo is not liable in such a case.