GTC

General Terms and Conditions for Using the FIRE-KIT.COM Website (GTC)


These General Terms and Conditions are effective since November 1st, 2011.



By clicking on the button "I accept the general terms and conditions." you agree to these General Terms and Conditions for the FIRE-KIT.COM Website as valid.

Right of revocation / Revocation instructions

In case you are acting as a consumer according to legal statutes you can revoke your acceptance of these GTC and this user agreement in text form (e.g. mail, fax, e-mail) during a period of one month after concluding the contract. The revocation does not have to contain any grounds. The respite starts after receipt of these instructions in text form, but not before fulfilling the obligation to inform acc. to article 246, para 2 in conjunction with para 1 and 2 EGBGB and also not before fulfilling the obligation to inform acc. to para 312 e in conjunction with article 246 para 3 EGBGB by FIRE-KIT.COM.

The right of revocation is extinguished if the contract was performed in full by both parties at the express wish of the consumer before the consumer exercised his right of revocation.

The time-limit shall be deemed to be observed by the timely dispatch of the declaration of revocation.

To revoke your acceptance please send a letter to the adress below or an E-Mail to our customer support to admin@fire-kit.com:

FIRE-KIT.COM
Adrian Haid
Kriegsstrasse 294
D-76135 Karlsruhe / Germany
 

Consequences of revocation

In case of a valid revocation you are no longer bound to this user agreement nor to your acceptance of these GTC. All mutually received performances as well as emoluments taken (e.g. interest), if applicable, are to be restituted by either side.

End of revocation instructions

 

Section 1: General


1. FIRE-KIT.COM operates databases accessible via the Internet in which legal entities and natural persons capable to enter into legal transactions without limitations (hereinafter referred to as "participants") may advertise articles for sale against payment of a fee (advertisement function), and in which said entities and persons can search for articles by means of the search function provided by FIRE-KIT.COM.

2. The FIRE-KIT.COM website is generally open to participants acting as private or business sellers.

3. The present General Terms and Conditions for Use (GTC) apply exclusively to the relationship between FIRE-KIT.COM and the participants using the databases operated by FIRE-KIT.COM). Any terms and conditions of a participant contradicting the present GTC or deviating from them shall not be valid.

4. FIRE-KIT.COM merely provides the technical requirements, in the form of databases, by which information (advertisements) is conveyed without in any influencing the contents of advertisements. In particular, FIRE-KIT.COM is not itself the party offering the advertised articles for sale.

5. FIRE-KIT.COM is not involved in the relationship between the seller and the party interested in the purchase, or buyer, neither in the capacity of an intermediary nor as a party or representative of any party. Agreements that were initiated as a consequence of an advertisement being placed on FIRE-KIT.COM shall be concluded and implemented without FIRE-KIT.COM participating.


 Solely the involved seller and buyer become contractual partners.

6. FIRE-KIT.COM has the right to change the General Terms and Conditions (GTC) at any time without the disclosing of reasons. The new GTC will be disclosed to the participant before the insertion or extension of an advertisement. A participant must accept the new GTC to insert new advertisements or extend existing advertisements. An administrative access to the user account and the maintenance of existing advertisements remains possible without accepting the new GTC. If a participant does not accept the new terms he can terminate his account at any time.

Section 2: Scope of Services


1. Under the present Terms and Conditions, FIRE-KIT.COM is under the obligation of providing an input mask for advertisements, of activating the advertisements placed via the input mask, and of ensuring that the advertisements in the FIRE-KIT.COM databases can be retrieved via the Internet.

2. Contact details provided during user registration are only counter checked in a very limited way, due to the limited possibilities of identification of persons via the internet. Even with different safety measures engaged it is possible that false contact details are stored in the user account. Each user is therefore fully responsible to assure himself of the identity of the contractual partner.

3. FIRE-KIT.COM reserves the right to change or limit the functions and the design of the website or to shut down the website completely.

4. FIRE-KIT.COM reserves the right to temporarily restrict the possibilities of placing and retrieving advertisements if this is required due to capacity limits, for purposes of server safety or integrity or in order to implement technical measures and if this serves to provide for a due and proper, or improved, performance of the contractual services owed (maintenance work). In so doing, FIRE-KIT.COM shall take into consideration the legitimate interests of all users, in particular by informing them prior to taking the above measures.

5. In particular technical reasons may mean that it is not possible, or possible only to a limited extent, to retrieve activated advertisements (unexpected system failures).

6. In cases of force majeure, FIRE-KIT.COM shall be released from its obligation to perform. All unforeseeable events shall be deemed to be force majeure, as well as such events for the effects of which on the performance of the agreement neither of the parties is responsible. Such events shall include in particular legitimate measures of collective action, also in third-party companies, official measures taken by authorities, the failure of communication networks and gateways of other providers, disturbances in the area of network operators (Leitungsgeber), and other malfunctions, also in case such circumstances occur in the area of subcontractors, sub-suppliers, their own subcontractors, or operators of subnodal data processors (Subknotenrechner). No claims shall result for participants for any failures for which FIRE-KIT.COM is not responsible.

7. FIRE-KIT.COM is entitled to technically modify and process user data and adds to enable displaying of the same on mobile terminals and software applications of third parties. Users are solely responsible to review the complete add on the FIRE-KIT.COM website before entering any contractual obligations.

Section 3: Handling of information

1. FIRE-KIT.COM promotes the FIRE-KIT.COM website and advertisements placed by the participants on its own and through third parties in particular by including the advertisements or parts thereof on other websites, in software applications, e-mails or print media, radio or television broadcasting campaigns. To this end FIRE-KIT.COM can also provide third parties access to the data, information and content posted on the FIRE-KIT.COM website. The participant herewith consents to having his advertisements translated for the purpose of integrating them into foreign websites or software applications.

2. Further regulations concerning the handling of information are to be found in the Privacy Policy.

Section 4: Registration and user account


1. The use of the FIRE-KIT.COM Website requires a registration. The registration is free. With the registration a participant and FIRE-KIT.COM conclude a contract regarding the use of the FIRE-KIT.COM Website (hereinafter referred to as “user agreement”). A participant is not entitled to the conclusion of the user agreement.

2. Only legal entities and natural persons capable to enter into legal transactions without limitations may register. In particular, minors are prohibited from registering.

3. The information a participant has to provide during registration has to be provided completely and correctly. The registration requires a valid e-mail address. A participant must choose a personal password which is to be kept secret and may not be disclosed to third parties.

4. In case the information provided during registration changes at a later date, the participant is obligated to update this information in his user account promptly.

5. Every participant may only register once on the FIRE-KIT.COM website. The simultaneous registration of more than one user account is prohibited. A circumvention of this regulation is not allowed. A user account is not transferable.

6. FIRE-KIT.COM reserves the right to delete user accounts which have been inactive for a period of 12 months.


Section 5: Insertion and extension of advertisements

1. A participant may place any number of advertisements on the FIRE-KIT.COM website.

2. Advertisements can be inserted and extended for a certain time span. An advertisement can be relisted indefinitely. Ended advertisements can be found via the FIRE-KIT.COM search functionalities for a period of 90 days after expiration.

3. In calculating the advertisement period, the day on which the advertisement is placed or extended shall not be included. The advertisement period shall commence at midnight on the day following the day the advertisement was placed or extended, and shall end upon expiry of the last day of the advertisement period.

4. The General Terms and Conditions (GTC) applicable in each case at the time the advertisement is placed or extended shall be authoritative for the contents of the Agreement.

Section 6: Pricing of adds

1. The FIRE-KIT.COM price List applicable in each case at the time the advertisement is placed or extended shall be authoritative for the advertisement price. The price of an advertisement is presented to a participant prior to its insertion or extension.

2. Permitted modifications to an advertisement are free of charge and can be performed using the menu item "My Ads".

3. An advertisement may be deleted by the participant at any time. Should an advertisement be deleted by the participant, no reimbursement of an advertisement price already paid shall be made.


4. Price modifications shall be announced by modifying the price List retrievable via the Internet, stating the date of modification. The new advertisement price shall apply for the advertisements placed in the database and extended as per the date of amendment or modification. An advertisement which is active during the price change will expire according to the previous conditions.

Section 7: Due Date of the Advertisement Remuneration, Payment


1. Payment for an advertisement can be made by credit card or direct debit. The remuneration for the inclusion of advertisements in the databases shall be due in advance, that is, before the advertisement is included in the database.

2. Should the collection of payment fail, the participant is to reimburse FIRE-KIT.COM for the additional costs incurred, unless it is not responsible for such failure. Consequences thereof are described in section 8.

Section 8: Deletion of Advertisements, Blocking and other Measures

1. FIRE-KIT.COM may take the following measures if there is sufficient indication that a participant has violated statutory provisions, the rights of third parties or the present General Terms and Conditions (GTC), or if FIRE-KIT.COM has any other legitimate interest (in particular in case of default in payment or failed direct debit):

  • Delete advertisements or other contents placed with FIRE-KIT.COM
  • Delay advertisements or other content placed with FIRE-KIT.COM
  • Issue warnings to participants
  • Limit or restrict the use of the FIRE-KIT.COM website
  • Block participants for a limited period of time
  • Suspend participants finally and conclusively

In selecting the measure, FIRE-KIT.COM shall take into consideration the legitimate interests of the affected participant, in particular whether there are indications that the participant is not responsible for the violation.

2. FIRE-KIT.COM may delete advertisements if, in terms of their content or layout, the advertisements violate the present General Terms and Conditions (GTC) (in particular the provisions set out under Section 8 Nos. 1 - 12) or statutory provisions, or if they violate the rights of third parties. Should FIRE-KIT.COM have deleted an advertisement, the participant shall nonetheless be under obligation to pay the price for the advertisement.

3. FIRE-KIT.COM may finally and conclusively suspend a participant from using the FIRE-KIT.COM website, if the latter has repeatedly violated the present General Terms and Conditions (GTC), or has done so in particularly grave instances, or if another important cause is given.

4. When a participant is suspended, he may no longer use the FIRE-KIT.COM website and may not register a new user account.

5. Participants may terminate the user agreement at any time. For this purpose a participant can delete his user account at any time.

6. FIRE-KIT.COM may terminate the user agreement at any time with a cancellation period of 14 days. The right of suspension remains unaffected.

Section 9: Requirements as to the Contents and Layout of Advertisements

1. The participant shall be under obligation of placing a vehicle only in the section provided for that type of vehicle. Only those advertisements are permitted which serve to sell fire-fighting and rescue vehicles and related equipment.In detail this shall refer to the following:

Fire-fighting vehicles and related equipment

Rescue vehicles and related equipment

refered to as “articles”.

The following advertisements in particular shall not be permitted that serve to advertise:

  • the conclusion of a leasing, rental or hire-purchase contract or any other form of financing or cession of right to use
  • the assumption of sale agreements or financial leasing agreements
  • the purchase or sale of other motor vehicles or other objects of any kind
  • the sale or promotion of software
  • the promotion of services.

2. The participants are under the obligation of providing complete and correct information with regard to the article, the legal relationships concerning the article as well as with regard to the remaining content of the advertisement. Incorrect information provided by mistake (such as, for example, typing errors, placement in incorrect categories) are to be corrected without undue delay upon being discovered using the menu item "My Ads".

3. When placing the ad, the participant must disclose if the article is significantly damaged and these damages have not been repaired. Significant damage that has not been repaired refers to damage which is impossible to repair or can only be repaired by spending a substantial amount of money. The obligation to disclose known and repaired previous significant damage shall remain unaffected hereby.

4. It is not permitted to advertise more than one article per advertisement.

5. It is not permitted to concurrently advertise the same article in multiple instances in any of the categories. This shall also apply if the same article is to be placed in the database at the same time by different participants working together.

6. During the term of the advertisement, the participant must be able to promptly conclude a legally effective sale agreement as to the offered article with an interested party, to hand over the article at the specified date of availability (used article s) or, respectively, at the date of delivery (new article s), and to have ownership in the article devolve onto said interested party.

7. The advertisements may be illustrated with photographs. The participant undertakes to place only such photographs in the FIRE-KIT.COM databases which it is authorized to use without restrictions and which are not encumbered with third-party rights - in particular not with intellectual property rights of third parties. The photographs used may not be misleading and must reflect the actual conditions of the vehicle being offered in the advertisement. If the participant uses pictures from a catalogue, such use must be separately indicated. The compliance with third parties rights, in particular intelectual property rights or copy rights, have to be guaranteed by explicit counterinsurance with the catalogue author or any party holding rights.

8. Where FIRE-KIT.COM provides certain seals of quality, guarantee marks or other symbols of trustworthiness, a participant is obliged to take care that they are only displayed in ads for vehicles that qualify for them. Other symbols of trustworthiness may only be used if so authorized by FIRE-KIT.COM.

9. In its wording, content, visual layout and intended purposes, the ad may not violate statutory provisions or public decency. Persons engaged in business must in particular comply with the regulations of the Copyright Act and the Trademark Act, and the German Telecommunications Services Act (Telemediengesetz) (obligation to provide the publisher's information).

10. The participant is obliged to provide correct and truthful prices. In so doing, the participant should particularly comply with the regulations of the German Pricing Ordinance (Preisangabenverordnung – PangV). Under Article 1 Paragraph 1 of the German Pricing Ordinance, retail prices are to be stated which must in particular include value added tax and other pricing components (e.g. destination charges). Ads with prices that are clearly incorrect or misleading are not permitted.

11. It is generally not permitted to include links to external websites and external sources of information in an ad unless they are strictly required for legal reasons. Links in this sense also refer to non-activated web addresses (URLs) and parts thereof. Exempted are links, inserted into the free text of the ad, to the participant's own, externally hosted pictures of the vehicle, PDF files and multimedia presentations, if these contain additional information about the advertised vehicle (e.g. test reports, user manuals, etc.).

12. Specifying premium service telephone numbers, particularly (0)190 and (0)900 numbers, which, when dialled, result in higher telephone charges for callers, is not permitted.

Section 10: Responsibility for the Contents of Advertisements

1. Solely the participant shall be responsible for the contents of the advertisements. FIRE-KIT.COM shall review the advertisements neither for correctness nor completeness. FIRE-KIT.COM will not enter into any warranty for the correctness and completeness of advertisements.

2. FIRE-KIT.COM excludes any and all warranty and liability for the compliance of advertisements with statutory provisions.

3. FIRE-KIT.COM in particular excludes any and all warranty and liability arising from the fact that sale agreements initiated or concluded on the basis of FIRE-KIT.COM advertisements are unenforceable according to the national law of an affected state, or in any other way result in legal or economic disadvantages for one or both parties to the sale agreement.

Section 11: Indemnification

The participant shall release FIRE-KIT.COM from any and all claims asserted by third parties against FIRE-KIT.COM because their rights are being violated by the participant's advertisement or by any other use of the FIRE-KIT.COM website by the participant. In so doing, the participant shall also assume the necessary costs incurred by defending the rights of FIRE-KIT.COM, including any and all legal and court fees. This shall not apply if and to the extent the participant is not responsible for the violation of rights.

Section 12: Database Updates, Deletion of Advertisements

In order to make the vehicle search as interesting and successful as possible, FIRE-KIT.COM takes all efforts to update its databases. This is why vehicle advertisements have to be deleted by participants as soon as the vehicle on offer has been sold or is no longer available for other reasons.

Section 13: Manipulation of Vehicle Search and Disruption of System Integrity

1. Participants may search for articles in the FIRE-KIT.COM databases exclusively by means of the search masks offered by FIRE-KIT.COM. It is not permissible to search for articles bypassing the search masks, in particular by using searchware accessing the databases of FIRE-KIT.COM. Non-compliance will be prosecuted, among other aspects, under civil law under the aspect of interference with an established and operating business (Eingriff in den eingerichteten und ausgeübten Gewerbebetrieb), and will have consequences under criminal law under the aspect of illegal interference with affiliated industrial property rights as provided for in Section 108 et seq. of the Copyright Law (Urhebergesetz).

2. Activities targeted at rendering the FIRE-KIT.COM website dysfunctional or complicating its use are prohibited. The participant may not take any measures that may result in a strain on the FIRE-KIT.COM infrastructure that is excessive or that users cannot reasonably be expected to tolerate. Participants shall not be permitted to block, rewrite or modify contents generated by FIRE-KIT.COM, or in any other way to create a disturbance by interfering with the FIRE-KIT.COM website.

3. It is not permitted to falsify or manipulate the results of the article search functionality of the FIRE-KIT.COM website by entering incorrect or misleading information, by inserting an article in the wrong category, by using technical means or any other misuse of the functionalities of the FIRE-KIT.COM website.

Section 14: Warranty

If the participant is entitled to statutory warranty claims, FIRE-KIT.COM shall initially have the right to subsequent fulfillment of contractual obligations (Nacherfüllung). This shall be effected by extending the advertisement period for the advertisement placed (in the database) by the respective participant.

Section 15: Limitation of Liability

1. Except if essential contractual obligations are violated, FIRE-KIT.COM shall be liable for damages vis-à-vis companies only if and to the extent FIRE-KIT.COM, its legal representatives, senior executives or other persons employed by FIRE-KIT.COM in the performance of its obligations (Erfüllungsgehilfen) are culpable of having acted intentionally or with gross negligence. Should essential contractual obligations be violated, FIRE-KIT.COM shall be liable for any culpable conduct of its legal representatives, senior executives or other persons employed by FIRE-KIT.COM in the performance of its obligations (Erfüllungsgehilfen).

2. Vis-à-vis consumers, FIRE-KIT.COM shall be held liable only for intentional and grossly negligent conduct. In case of essential contractual obligations being violated, of a debtor defaulting or of FIRE-KIT.COM being responsible for it being impossible to perform contractual obligations, however, FIRE-KIT.COM shall be liable for any culpable conduct of its legal representatives, senior executives or other persons employed by FIRE-KIT.COM in the performance of its obligations (Erfüllungsgehilfen).

3. With the exception of intentional or grossly negligent conduct of legal representatives, senior executives or other persons employed by FIRE-KIT.COM in the performance of its obligations (Erfüllungsgehilfen), the liability of FIRE-KIT.COM shall be limited in its amount to damages typically foreseeable at the time the agreement is concluded.

4. A liability for the compensation of indirect damage, in particular for lost profits, shall only be given in case of intentional or grossly negligent conduct of legal representatives, senior executives or other persons employed by FIRE-KIT.COM in the performance of its obligations (Erfüllungsgehilfen).

5. The above referenced exclusions and limitations of liability vis-à-vis entrepreneurs or consumers shall not be applicable in case of specific guarantees having been made by FIRE-KIT.COM, nor in case of damages resulting from injury to life, limb or health or the violation of mandatory statutory provisions.

Section 16: Copyright and Usage Rights

Any and all data, information, company logos, texts, programs and images of advertisements placed on the FIRE-KIT.COM website shall be subject to copyright laws. The modification, further processing and usage by third parties in media of any kind is not permitted. The participant's rights shall remain unaffected hereby. It may continue to freely dispose of its own data and information.

Section 17: Place of Performance, Applicability of German Law, Jurisdiction

1. To the extent the participant is an entrepreneur, the agreement to use the website and databases of FIRE-KIT.COM, including these General Terms and Conditions (GTC) shall, in its application and interpretation, be subject exclusively to the laws of the Federal Republic of Germany. The application of the United Nations Convention on Contracts for the International Sale of Goods of April 11th, 1998 shall be excluded.

2. To the extent the participant is a consumer, the agreement to use the website and databases of FIRE-KIT.COM, including these General Terms and Conditions (GTC) shall be subject to the laws of the Federal Republic of Germany, unless there are mandatory statutory provisions, in particular consumer protection provisions, to the contrary.

3. Should the participant be a a merchant within the meaning of the Handelsgesetzbuch (HGB, German Commercial Code), the seat of FIRE-KIT.COM, at present Karlsruhe shall be the exclusive place of jurisdiction for any and all disputes arising from or due to the use of the databases of FIRE-KIT.COM. The same shall apply if the participant has transferred its residence abroad following the conclusion of the agreement, or does not have any general place of jurisdiction in Germany.

4. For consumers the place of jurisdiction shall be their place of residence and for any and all disputes arising from or due to the user agreement and these GTC additionally Karlsruhe.

Section 17: Severability Clause

The ineffectiveness of individual provisions of the present General Terms and Conditions (GTC) shall not affect the validity of the remaining provisions. Such ineffective provisions shall be replaced primarily by legally effective provisions which come as close as possible in economic terms to said ineffective provisions. The same shall apply for any omissions in the provisions set out in these General Terms and Conditions.