General Terms of Business

General Terms of Business for tracteurpool Users

These terms govern the use of the tracteurpool internet exchange of used agricultural machinery, c/o LV digital GmbH, Hülsebrockstr. 2, 48165 Münster, Germany (hereinafter referred to as ‘tractorpool’):

These General Terms of Business govern the provision of on-line media services by tractorpool for use by advertisers and potential buyers of agricultural and construction machinery. The services provided by tractorpool include the provision of an input mask for writing advertisements and for clearing content that was previously posted with the help of such input masks for publication on the Internet and for providing Internet Users for an agreed period with access to these advertisements created based on the tractorpool databases.

1. Acceptance of General Terms of Business

   By using tractorpool, advertisers and potential buyers accept our General Terms of Business. tractorpool shall not accept any diverging or contradictory terms and conditions imposed by the client unless such terms and conditions were expressly agreed upon in written form. The terms herein shall be applied to follow-up orders as well as to sustained business relationships.

2. Users

   Users are legal persons and natural persons as well as partnerships of unrestricted legal capacity. Persons under age eighteen do not have permission to advertise in tractorpool. The User shall be obliged to give full and truthful statement of all information pertaining his/her person and the advert. tractorpool shall merely provide the databases, i.e. the technical environment, for posting the advertisements. tractorpool shall not impinge on the content of the advertisements. Notably, tractorpool shall not act as advertiser of the posted contents.

   The User is obliged to ensure that user name and password remain confidential and are not made available to third parties. In addition, the User is obliged to inform tractorpool immediately when there is a suspicion of potential abuse of this information.

   tractorpool reserves the right to ban Users from using tractorpool when they offend against these Terms of Business.

   1. Registered dealers (Access to agriVIP user group)

      To register as an agriVIP to the closed user group (agriVIP), Users shall produce a copy of their business licence in proof of their business activities as farm or construction machinery dealer or manufacturer. This proof shall be provided in the form of an excerpt from the trade register, for example.

   2. Prices and termination of contract

      Notice of termination of an AgriVIP membership shall be given 4 weeks before the membership expires. All notices of termination shall be made in writing.

3. Adverts

   Advertisements must not contravene applicable law by word, content or purpose. tractorpool reserves the right to refuse, modify or delete advertisements and also reserves the right to permanently ban individual sellers from using tractorpool. The following types of advertisements shall not be permitted: Advertisements in which traders offer to buy machinery; advertisements that show a photo of a different machine than the one described; advertisements that market a machine that is not physically available at the advertiser's premises; advertisements that state contact details (web address, e-mail, telephone number, fax number, etc.); advertisements that market more than one machine; all advertisements containing untrue or unlawful content. Each advertisement can be illustrated with photos. The pictures may only represent the object actually offered and may not infringe the rights of third parties. Only own photos of the machines may be used and any alienation of the pictures (logos, placement of website or advertisement etc.) is not permitted. Photos from brochures (e.g. of the manufacturer) may also not be used. It is inadmissible to advertise other offers with the advertisement. We reserve ourselves the right to delete alienated photos automatically and without further inquiry.

   Machines or items that are not published in the correct category shall be deleted.

   Any errors in the machine data or personal information shall be corrected immediately.

   The retail price of a machine or item shall always be the realistic gross price including VAT.

   All items that are no longer on sale shall immediately be deleted from the tractorpool database.

4. Liability/Warranty
   
   
   1. tractorpool provides a platform for Users to sell or search items. The content of this platform shall be provided by Users themselves. Responsibility for the content of the advertisement rests solely with the User: tractorpool shall not verify the content, neither for completeness nor for correctness, and therefore shall not warrant completeness or correctness of any content. Users shall indemnify tractorpool from all claims raised to tractorpool by third parties who see their rights violated by their advertisement(s) or by any other use of the website by the User. Users shall also bear the costs of required legal defense by tractorpool including all court and lawyer fees. This does not apply, if and to the extent to which the user is not responsible for the infringement. The user shall be obliged to immediately give tractorpool full and truthful statement of all information required to check the asserted claims and for legal defense in case of third-party claims.
      
      
   2. Companies shall hold tractorpool responsible for damages only in the event tractorpool is charged with intent and gross negligence, except for the event that tractorpool commits a fundamental breach of contract. In this case, tractorpool shall be held responsible for any and each culpable behaviour. tractorpool shall warrant responsibility to consumers solely for intent and gross negligence – except for the event that essential contractual duties were violated, debtor’s delay or tractorpool’s impossibility of performance. Except for intent or gross negligence, tractorpool’s liability shall be limited to damage that is to be expected according to the usual course of events. tractorpool shall be responsible for indirect damage, notably lost profits, only in the event of intent and gross negligence.
   
   
   
5. Data storage

   tractorpool Users agree that their information is stored and processed within the framework of this business relation.

   The data stored for the purpose of the business relationship shall be handled in accordance with applicable data protection regulations.
   
   The scalable, central measurement procedure
   Our website uses the scalable, central measurement procedure (Skalierbare Zentrale Messverfahren – SZM) devised by the company INFOnline (https://www.infonline.de) for the calculation of statistical data on the use of our offers. The procedure generates anonymous data. To recognise computer systems, SZM uses either a cookie with the password ivwbox.de or a signature that is created from various data transmitted automatically by your computer. The procedure does not save IP addresses and only processes them in anonymised form. This audience measurement technique was developed in compliance with data protection laws. The goal of audience measurement is to statistically determine a website’s usage intensity and number of users. At no point are individual users identified. Their identities are always protected and they receive no advertising via the system. The usage statistics are published monthly by the Working Group for Online Media Research (Arbeitsgemeinschaft Online-Forschung e.V. – AGOF – www.agof.de), the Arbeitsgemeinschaft Media-Analyse e.V.(media analysis working committee – ag.ma – www.agma-mmc.de) and the Informationsgemeinschaft zur Feststellung der Verbreitung von Werbeträgern e.V. (association for determining the extent of advertiserexposure –IVW – www.ivw.eu) for website providers who are members of the IVW or participate in the ‘Internet facts’ study produced by AGOF. The statistics can be consulted at http://www.agof.de, http://www.agma-mmc.de or http://www.ivw.eu. As well as the publication of data, the IVW also regularly checks the SZM procedure’s compliance with regulations and data protection laws. For further information on the SZM procedure, please consult the website https://www.infonline.de for INFOnline GmbH, which operates the SCM procedure, the AGOF data protection website http://www.agof.de/datenschutz and the IVW data protection website (http://www.ivw.eu).

6. Copy right and rights of use

   All information, company logos, texts, programs and pictures are subject to copyright law. Any further processing and use in media of any kind shall be subject to the prior written consent of the individual owner.

7. Rendering/Reservation of Service

   tractorpool shall have provided its service after the Internet program has operated for an average of at least 90% in any one year. All services shall be rendered exclusively to available economic and technical capacity. Moreover, tractorpool shall be entitled to suspend its service for important reason, such as e.g. force majeure, industrial disputes.

8. Written Form and Validity

   Any terms that diverge from or supplement these terms, any collateral work or any modifications to these terms as well as changes to the performance descriptions shall not be applicable unless agreed in written form.

9. Changes to these Terms of Business

   Any changes to these Terms of Business shall be made public at the tractorpool web site.

10. User claims / cut-off periods / period of limitation

    All User claims against tractorpool arising from potential defects shall be made in written form. All claims shall be asserted within a cut-off period of twelve months. After twelve months have passed, the claims of the User become statute-barred.

11. Cancellation policy

    Consumers in terms of statutory provisions may revoke this contract from tractorpool in written form within 2 weeks after it was entered without stating the reason; the period of notice shall be satisfied by posting the revocation in due time.

    This right of revocation shall expire at the moment the User’s advertisement is published at the tractorpool website, hence when the User is using the tractorpool services.

12. Place of jurisdiction

    The contract for the transfer and use as well as these terms of business are exclusively governed by the law of the Federal Republic of Germany. The place of fulfilment is Münster/Westphalia.

    Provided the User is a registered merchant, the place of jurisdiction is Muenster/Westphalia, Germany. This shall also apply to Users who do not have their place of residence outside Germany or to Users with place of general jurisdiction outside Germany.

13. Separability Clause

    Should provisions of these Terms of Business be wholly or partly invalid, or should there prove to be an omission, this shall not affect the validity of the remaining provisions. In this event, the parties shall undertake to achieve the intended purpose by agreeing on a substitute provision.

1. Each advertisement can be illustrated with photos. The pictures may only represent the object actually offered and may not infringe the rights of third parties. Only own photos of the machines may be used and any alienation of the pictures (logos, placement of website or advertisement etc.) is not permitted. Photos from brochures (e.g. of the manufacturer) may also not be used. It is inadmissible to advertise other offers with the advertisement. We reserve ourselves the right to delete alienated photos automatically and without further inquiry.