1. Scope of Application
These General Terms and Conditions apply to all legal relationships arising between KNOX GmbH, Neuer Wall 71, 20354 Hamburg, (hereinafter referred to as "KNOX") and Advertisers, Interested Parties and other users (hereinafter referred to collectively as "Users") of the portal "print-eXchange" (www.print-exchange.de as well as www.print-exchange.com) (hereinafter referred to as "Portal").
2. Services Provided by KNOX
KNOX offers Advertisers the opportunity to present their interest in the purchase or sale of (parts of) companies or participations via the portal and to come into contact with corresponding Interested Parties. For this purpose, KNOX and the Advertiser conclude a separate contract. KNOX acts exclusively on behalf of the Advertiser.
3. Posting of Data on the Portal; Retrieval of Data from the Portal
(1) The use of the portal requires the entry of the user's data when placing an advertisement and placing the order. The user's data will not be stored. By submitting the data and the content intended for placement in the portal, the user makes an offer to KNOX to conclude a contract on the temporary inclusion and provision of the content in the portal as well as the "Agreement on the Use of "print-eXchange". KNOX shall decide on the acceptance of the offer after receipt thereof. The acceptance of the offer is effected by the inclusion of the content in the portal and after written confirmation of the agreement by both parties.
(2) KNOX is the owner of the rights to the contents of the portal (i.e. the website and the database linked to it). KNOX is exclusively entitled to all copyrights, trademark rights and other protective rights to the portal and the content, data and other information posted there; any rights of the Advertiser to the content posted by him remain unaffected.
(3) Users are responsible for backing up the data they post on the portal. KNOX does not owe continuous accessibility of the portal; interruptions for updates, service settings etc. are permissible.
(4) Users of the portal may not use the data provided there to build up their own database and/or for commercial exploitation; this also applies to the linking, integration or other connection of the portal with comparable portals or databases.
(1) KNOX does not assume any liability for the correctness and completeness of the information provided and declarations made by users. This also applies to the identity and creditworthiness of the users.
(2) The advertisements available on the portal are third-party content within the meaning of Section 8 (1) of the German Telemedia Act (TMG). Accordingly, the legal responsibility for this content lies with the person who has placed the content on the portal and not with KNOX.
(3) KNOX does not assume any liability for technical defects, the constant and uninterrupted availability of the portal or for the complete or error-free reproduction of the data published by the Advertiser on the portal.
(1) KNOX shall be liable without limitation for damages - irrespective of the legal grounds - only in the event of intent or gross negligence on the part of its legal representatives or executive employees.
(2) KNOX shall not be liable for the grossly negligent breach of non-essential contractual obligations of its ordinary vicarious agents. In any case, however, the liability for grossly negligent breach of non-essential contractual obligations of the ordinary vicarious agents shall be limited to the typically foreseeable damage.
(3) In the event of negligent breach of material contractual obligations, KNOX shall only be liable for the typically foreseeable damage. KNOX shall not be liable in the event of negligent breach of non-essential contractual obligations.
(4) KNOX shall in no case be liable for any loss of profit. The liability is in any case limited to the typically foreseeable damage.
(5) Liability claims against KNOX shall expire one year after the termination of this agreement.
(1) If a user as a consumer has ordered a service against payment, he has the following right of withdrawal:
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of the conclusion of the contract. To exercise the withdrawal, you must send us,
Neuer Wall 71
T +49 40 18 05 64 18
F +49 40 94 79 09 50
by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of Withdrawal
If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
If you have requested that the services begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal in respect of this contract compared to the total scope of the services provided for in the contract.
Note on the premature expiry of the right of withdrawal
The right of withdrawal expires prematurely if KNOX has fully performed the contractually agreed service and has only started to perform it after you, as the consumer, have given your express consent to this and have confirmed that you are aware that the right of withdrawal expires prematurely upon full performance of the contract.
7. Final Provisions
(1) The legal relations of the parties arising from or in connection with this agreement shall be governed exclusively by the law of the Federal Republic of Germany. There shall be no reference to other norms based on private international law.
(2) The German version shall be exclusively authoritative for the content and interpretation of this GTC and its amendments. Any versions in another language shall only serve to facilitate the understanding of a Party and shall not be binding on the Parties.
(3) The exclusive place of jurisdiction for legal disputes arising from or in connection with this agreement shall be Hamburg, insofar as the user is a merchant or a legal entity under public law or a special fund under public law, he has no general place of jurisdiction in Germany or the EU or his place of residence or habitual abode is not known when the action is brought. KNOX's right to bring an action before the court of another statutory place of jurisdiction shall remain unaffected. If the Advertiser is not domiciled in Germany, KNOX shall be entitled to bring all disputes arising out of or in connection with this contract or its validity to arbitration in accordance with the Rules of Arbitration of the German Institution of Arbitration (Deutsche Institution für Schiedsgerichtsbarkeit e.V.). (DIS) to the exclusion of the ordinary courts of law. In that case the arbitral tribunal shall consist of a sole arbitrator, the place of arbitration shall be Hamburg and the language of the proceedings shall be German.