Terms for using the Internet Service herando.com
These T&C are valid from 1 July 2016
The Terms and Conditions (T&C) of the company Herando a.s. Aktiengesellschaft (Hereinafter referred to as: "herando.com"), V Jámě 1/699, 110 00 Praha 1, Czech Republic are as follows:
These T&C govern the contractual relationship and test accounts between herando.com and its Users regarding the service of herando.com, its online presence and mobile applications (hereinafter referred to as "herando.com Service").
Art. 1 General Information
1. herando.com operates databases which are available on the Internet. The registered Members (hereinafter referred to as: Members) can, subject to a charge, enter goods for sale into it. Other Members can use the search tool provided by herando.com to look up purchasable goods. Only the following types of goods will be offered on the herando.com marketplace:
- luxury cars
- luxury yachts and boats
- luxury property
- timepieces within the highest price bracket
2. Furthermore, all registered Members members may place ads for the following products in the category "Investments":
- income property
- investment property from the field of renewable energy
- precious metals
- funds of all kinds
- company sale
- digital investments
- luxury jewelry
3. These General Terms and Conditions are valid solely between herando.com and the Members who use the databases provided by herando.com. Deviating or contrary General Terms and Conditions of a Member are not applicable.
4. herando.com does, by means of the databases, provide the technical framework for the placement of ads from Members (herando.com as the Provider). herando.com does not exert any influence on the content of the ads. herando.com is in particular not the seller of placed goods. This regulation does not apply in cases where a Member has agreed that herando.com will act as a broker and has an own interest in selling particular goods (herando.com as broker). This, however, requires a separate agreement. However, this requires a separate agreement and shall not apply for ads in the category Capital Assets, as Herando.com solely acts as Provider and under no circumstances as supplier or broker/agent.
5. herando.com as the Provider: herando.com is not involved into the relationship between Members and potential buyer or buyer neither as an agent, broker, party or representative of a party. Contracts initiated through an ad placed on herando.com will be made and performed without any involvement from herando.com.
6. herando.com as broker: herando.com acts as agent (broker) between the Member and the potential buyer or buyer and will initiate, support or mediate the purchase. herando.com is, however, even in such cases whether entitled nor obliged to enter into contracts or to make legally binding declarations on behalf of the Member.
Art. 2 Subject Matter of the Contract and Scope of Performance
1. herando.com’s obligation to perform is to provide an input screen for ads, to activate placed ads and to make them available on the internet for the period agreed with the Member. The use of the provided services is based on the valid price list.
2. Every Member is entitled to place several ads on herando.com.
3. herando.com will advertise the herando.com Service as well as the ads placed by Members directly or by a third party, e.g. by software applications, by placing the ads fully or partially on other websites by distributing them per email or through other marketing campaigns. herando.com also enables third parties to advertise their offers and services via the herando.com Service. To facilitate these activities, herando.com may also provide third parties access to data, information and contents published through the herando.com Service.
Members grant herando.com free of charge the non-exclusive, not limited in time, place or content, transferable and sub-licensable right to utilise their contents submitted to herando.com by any means, in particular to make them available to the public, to copy, distribute and to edit them as follows, in particular also:
- to copy these contents on digital and analogue picture and audio carriers and in any print media,
- to edit these contents or to engage a third party to edit them, in particular to crop, share, to abbreviate and modify them, and to use such edited content according to this agreement,
- to use these contents in connection with different contents (texts, images, links, brands, logos, etc.) and other advertising material, and to use such connected content according to this agreement,
- to use the contents for presentations of any kind.
The Members also agree that their ads may be translated in order to integrate them on foreign websites and in foreign software.
The Members assure that they are the authors of the above mentioned contents and that they are entitled to pass them to herando.com within the scope mentioned above.
4. The entitlement to use the herando.com Service and its functions exists only within the framework of current technology.
5. herando.com may make the use of the herando.com Service or the scope of individual functions subject to requirements, e.g. verification of registration data, period of the contractual relationship, type and scope of use, and the compliance with certain safety and security measures.
6. herando.com reserves the right to restrict the possibility of placing and accessing ads temporarily should this be necessary for security or capacity reasons. herando.com will, however, respect the legitimate interests of all Members to a reasonable extent.
Art. 3 Registration and Conclusion of Contracts
1. The registration and transmission of data by a Member concludes an offer to execute a contract of use of the herando.com Service under these General Terms and Conditions.
2. herando.com decides upon receipt of this offer on their own discretion about its acceptance. herando.com is not obliged in any way to accept an offer and to execute a contract. The acceptance of an offer is concluded by confirmation of order or by transmission of the access data (username and password) to the Member.
3. Entitled to register are only legal entities, natural persons of unlimited legal capacity and full age, and business partnerships. The registering person must be authorized to enter into contracts on behalf of the Member and he/she is bound to submit only true and complete data.
4. The Member is obliged to inform herando.com immediately about subsequent changes to the registration data, either in writing or by email.
5. During the registration period and the current contractual relationship, herando.com is entitled to request the presentation of an extract from trade register or the register of crafts and trades or other information that appears to be necessary or advisable for registration or the maintenance of the contractual relationship.
6. Members have to keep their login data secret and to secure them diligently. Members are furthermore obliged to inform herando.com promptly if there are any indications that their login data has been abused by a third party.
7. Members are generally liable for any activity performed by using their login data. This does not apply in cases where a Member is not responsible due to the fact that they have not breached their duty to exercise due care.
8. The minimum contract period for commercial subscribers is 12 months, for private subscribers two months and begins when the access data (user name and password) are sent to the subscriber. For all bookings applies: After the expiry of the term is no automatic fee-based extension.
As far as the Member is a consumer in accordance with legal regulations, the following right of cancellation applies:
In order to exercise your right of cancellation, please inform us (Herando a.s. Aktiengesellschaft, V Jámě 1/699, 110 00 Praha 1, Phone: +420 228 884 177 , email: firstname.lastname@example.org) with an unambiguous statement (e.g. a letter send by mail, fax, email) about your decision to cancel this contract. You can also use the (Cancellation template), which is, however, not mandatory.
It is sufficient to send your cancellation before the cancellation period expires.
Consequences of cancellation:
If you have requested that services should start within the cancellation period, you will have to pay the amount that reflects the share of services already rendered to the point at which we have received your cancellation of this contract in comparison with the overall scope of services intended in the contract.
Art. 4 Removal of offers, Blocking, Termination and other measures
1. herando.com may take the following steps if there are any specific indications that a Member violated or infringed legal regulations, these Terms and Conditions or rights of third parties, or if herando.com has another legitimate interest e.g. in the event of default of payment:
- Issuing of warnings toward Members
- Restrictions of use by Member
- Temporary or permanent blocking of Members
- Delay or removal of placed contents
2. herando.com will consider the legitimate interests of the concerned Member when selecting the measure, in particular in regard of their fault.
3. herando.com may delete ads or other contents if they textually or visually violate or infringe these Terms and Conditions, legal regulations or rights of third parties.
4. herando.com is entitled to retract its performance in the event of a default of payment, a reclaim of a paid amount or a return debit and to block the concerned Member’s offered products in its marketplace, so that their ads are no longer accessible.
5. herando.com may permanently block a user from the use of the herando.com Service if they violate these Terms and Conditions repeatedly or seriously or if there is another important reason.
6. The contractual relationship between herando.com and the Member can be terminated by both contractual partners with a notice period of two weeks to the end of the month. The termination letter must be sent in writing to Herando a.s. Aktiengesellschaft, V Jámě 1/699, 110 00 Praha 1, Czech Republic, or by email to: email@example.com
The removal of all ads of a Member by the end of a month shall also act as a proper termination.
Art. 5 Billing, Due date and Amount of Remuneration, Payment
1. The membership fee will be calculated and charged by herando.com for the durance of the advert in advance. Billing will me made exclusively electronically either by sending an invoice per email or by payment through one of the following services (the respective invoice will be sent to the Member’s email address automatically):
- Visa Card
- American Express
2. The participation fee is calculated according to the applicable prices (to the prices - the prices are visible after successful registration or login)
according to the number of advertisements.
Terms of payment for invoice customers: The total amount is due for payment immediately.
Due date is the invoice date.
3. Additional services of herando.com, in particular when herando.com acts as a broker, will be charged separately. Such additional herando.com services may also be booked through cooperation partners of herando.com; fees for these services will be charged by herando.com as well. The scope of service, supplementary conditions and the amount of the individual fees are based on the respective valid price list.
4. A return payment of the placement fee will not be made if an add is removed according to Art. 4 of these Terms and Conditions by herando.com due a reason for which the Member is responsible for.
5. A Member is liable to compensate for all costs that occur from a return debit of a payment caused by them. The concerned Member is entitled to prove that these costs have not occurred at all or not to the claimed amount.
6. Changes in prices will be announced by herando.com in a timely manner, which enables all Members to terminate the contractual relationship under observance of the notices period as provided in the contract; the date of termination shall be before the date on which the changed prices apply. Changes in prices become binding for both parties if the Member does not exercise this right and continues to use the services of herando.com after the date on which the changed prices apply. The billing will be made based on the changed prices.
7. If a written guarantee agreement (eg money back guarantee) has been made between herando.com and the
participant, the following applies:
If the item advertised by a participant is not sold within 12 months, the participant will be reimbursed by herando.com for the paid adjustment fee. The precondition for this is that the item was offered for sale for at least 12 months on the website of herando.com online at the usual market price, was not sold and is still in the possession of the participant. The selling price for the set item may not be changed during this time. Herando.com can make repayment dependent on the following conditions:
- Proof of a written agreement
- The participant confirms within a period of 4 weeks that the item offered for sale is still in the possession of the participant.
- The participant confirms within a period of 4 weeks that the selling price for the discontinued item corresponds to the usual market price.
Art. 6 Requirements concerning the Contents and Presentation of Ads
1. All Members are obliged to publish their goods solely in the appropriate sections and to furnish only true and correct quotations.
2. herando.com may attach additional conditions to the publishing of certain goods.
3. All Members are obliged to furnish complete and true particulars in regard of their goods and its legal relations. Erroneously wrong particulars (e.g. typos, publishing in the wrong sections) must be corrected immediately upon their discovery.
4. It is not allowed to offer multiple goods individually or as a package in one ad.
5. Members must, at any time during the term of an ad, be able to enter into a legally binding contract with a potential buyer on the offered goods, or to be able to arrange the conclusion of a contract respectively, and to deliver and transfer the goods at the stated delivery time or availability time, or to arrange for their delivery and transfer.
6. Ads may be illustrated with photographs. Members are obliged to use only photographs which they may use unrestrictedly and which are not burdened with rights of third parties (in particular copyrights). The used photographs must not be misleading and must reflect the actual state of the offered good. Particular features (e.g. damages) should be pictured. The use of catalogue images must be specified separately.
7. Ads, and their wordings, contents, visual presentations and their pursued objective must not violate legal regulations or common decency. Business people must in particular adhere to the regulations of the German Copyright Act, the German Trade Mark Act and other applicable legal stipulations.
8. It is generally not allowed to include links to external websites, other services and information sources in an ad, unless this is mandatorily specified by law. Non-activated URLs and their parts are also considered links.
Art. 7 Privacy
Members are obliged to process and use personal data of other Members, which he receives through the herando.com Service (e.g. through the contact form) only for the purpose of processing and replying to the respective request. Any further use of this data, in particular for advertising purposes, requires the previous consent of the concerned Member(s).
Art. 8 Responsibility for the Content of Ads, Release from Liability
1. Solely the Member is responsible for the content of their ads. herando.com does not check ads for their completeness. herando.com does not assume any liability whatsoever for the correctness and completeness of ads.
2. This applies in particular for ads in the category "Capital Assets". Herando.com does not assume any liability whatsoever that the respective Member meets possible legal requirements for the sale, distribution and procurement of therein offered products and that they are authorized to engage in activities regarding the sale of such products, e.g. the procurement of capital assets.
3. herando.com in particular excludes any warranty or liability that may occur from the fact, that purchase contracts, which were initiated or concluded based on ads placed on herando.com, are unenforceable according to the law of an affected country or in any other way lead to economic or legal disadvantages for one on the partners to the purchase contract.
4. All Members indemnify herando.com from any claims by third parties against herando.com regarding the infringements of their rights, in particular but not limited to copyrights and rights of use, in respect of an ad or any other use of the herando.com Service by a Member. The concerned member shall also bear the costs of the necessary legal defence that occur to herando.com including all court fees and attorney fees. This does not apply if the Member is not responsible for the infringement.
Art. 9 Removals of ads, Administration, Database updates
1. In order to keep the range of goods up to date, is every Member obliged to remove the ad upon the successful sale of the respective good.
2. Every Member is obliged to keep their advertised inventory (ads) up to date and to manage it on a regular basis within a period of two weeks in the dealer’s section. If such a management (administration) does not happen within this period, herando.com reserves the right to deactivate the concerned ad of the Member with the effect that it is no longer retrievable and visible from the database through the search form in the public section. It can subsequently be reactivated by the administration from the concerned Member.
3. Every Member is obliged to create backups of their datasets including photographs of their goods in order to be able to re-establish ads quickly after a loss of data.
Art. 10 Manipulations and System integrity failure
1. Any activities which are designed to render the herando.com Service inoperative or to obstruct its use, are prohibited. Members must not take measures that may lead to an unreasonable or inordinate load of the herando.com Service. Members are not allowed to block, overwrite, or amend contents generated by herando.com or to interfere in another way with the herando.com Service.
Art. 11 Warranty
1. The performance of herando.com shall be deemed rendered, when the ads are entered in the databases / can be retrieved from the databases on an annual average of 95 %.
2. herando.com shall be released from the obligation to perform in events of force majeure. Force majeure shall mean any unexpected events and events, whose consequences on the contractual performance are not the responsibility of any of the contractual parties. These events include in particular legitimate industrial actions, also in third-party companies, authority measures, breakdown of communication networks and gateways of other providers, disturbances at of service providers, other technical disturbances, even if these circumstances occur at subcontractors, sub-suppliers or their subcontractors or at providers of sub-node computers authorised by the provider. No claims whatsoever shall arise to Members in the event of failures for which herando.com can be held responsible.
Art. 12 Limitation of liability
1. herando.com is liable for damages to business people, and apart from events of violation of substantial contractual obligations only if and as far as herando.com, its legal representatives, executive employees or other agents are at fault of gross negligence or intent. herando.com shall be liable for each culpable conduct of its legal representatives, executive employees or other agents in the event of a violation of substantial contractual obligations. The term ‘substantial contractual obligations’ identifies obligations which enable the proper performance of this contract in the first place, on whose observance the contractual partners may usually rely on, and whose violation jeopardises the achievement of the purpose of the contract.
2. herando.com is liable only for intent and gross negligence to customers. In the event of a violation of substantial contractual obligations (as defined in 1.), of debtor’s fault or in the event of impossibility of service performance for which herando.com can be held responsible, herando.com shall be liable for each culpable conduct of its legal representatives, executive employees or other agents.
3. herando.com’s liability shall be limited to the amount of the usually foreseeable damages at the point of the conclusion of the contract apart from events of intent or gross negligence of legal representatives, executive employees or other agents.
4. A liability for compensation for indirect damages, in particular for loss of profit shall exist only in the event of intent or gross negligence of legal representatives, executive employees or other agents of herando.com
5. herando.com shall assume liability for loss of data and costs of useless data input within the scope of the previous provisions only to the extent which would inevitably be the case even if the Member had their data backed up in the most recent processing status in a machine-readable form.
6. The above mentioned exclusions of liability and limitations toward business people and customers shall not apply in the event of an acceptance of express guarantees by herando.com and for damages arising from personal injury to life, body or health as well as within the scope of mandatory legal provisions.
7. A possible contributory negligence of the concerned Member must be considered in all cases. Every Member is obliged to check the correctness of their data at least by a one-time search.
Art. 15 Copyrights and Rights of use
All data, information, company logos, texts, programmes and images in ads placed through the herando.com Service and other contents (e.g. reviews and answers to reviews) may be subject to copyright. Their alteration, subsequent processing and use in any media by third parties is prohibited. The rights of the respective copyright holder and the Member remain unaffected. Members can continue to dispose of their own data and information.
Art. 16 Final provisions
1. The legal relations between herando.com and the Members are subject to the law of the Czech Republic with exclusion of the UN purchasing law. This choice of law shall apply to customers only in so far as the protection provided by compulsory regulations under the law of the country in which the customer has their habitual abode is not taken away.
2. Place of jurisdiction is Prague, as far as the Member is a businessperson or a legal entity under public law or a special fund under public law. The same shall apply when the Member has no place of general jurisdiction in Germany or the European Union or their residence or habitual abode are unknown at the point when the lawsuit is commenced. The authority to go to another legal place of jurisdiction shall remain unaffected. The European Commission furthermore provides a platform for online dispute resolution, which can be found under http://ec.europa.eu/consumers/odr/. Please contact us directly when questions or problems arise.
3. herando.com may change these T&C within a term of two weeks and without giving reasons. Changed Terms and Conditions will be sent to the Members in writing or by email, at the latest two weeks before coming into effect. Changed Terms and Conditions shall be deemed accepted unless objected to in writing within two weeks from their announcement. The Members will be notified of this consequence in particular at the point of their announcement.
4. Should individual provisions of these T&C be or become void or ineffective, the effectiveness of the remaining provisions shall not be affected. The ineffective provision will be replaced by the relevant legal regulation. As far as such a regulation does not exist (regulatory gap) or as far is it would lead to an unacceptable result, the parties shall enter into negotiations as to reach a regulation which replaces the unincorporated or ineffective regulation.