Bachmann & Hartmann GbR
Hereinafter referred to as „Ponymerch“.
1. Scope of Terms & Conditions
Ponymerch is the online marketplace for bronies and pegasisters.
Registered members can offer and purchase self-made pony merchandise over the Internet platform Ponymerch. Besides operating the platform the Bachmann & Hartmann GbR also has its own shop on Ponymerch (VaaChar).
These terms and conditions govern the conclusion of the Membership Agreement and the use of the online marketplace, including all features, services, content, stores and other services that we provide in this scope.
In the cases where Ponymerch acts as a marketplace, it provides only a sales platform and is not self-contractors of contracts concluded between the parties. That is, if a member purchases a product or service from another Member on Ponymerch, the contract is concluded with the seller of the item / service. Only in the marked, shops where Ponymerch offers products and services. In this case, the separate Ponymerch Store Terms and Conditions apply.
The maintenance of the Ponymerch platform may have a negative effect on the accessibility. Maintenance will be gently carried out, as far as possible, for its members. Regular maintenance can be planned or are carried out at times with the least possible usage and announced at considerable time in advance. In addition, unannounced maintenance for example, unforeseeable disturbances (eg attacks, viruses) may be required. A certain accessibility of Ponymerch platform is not guaranteed.
Looking at products, shops or profiles is possible without registration. For any additional functions (selling, buying, etc.) a member registration is required.
By registering and agreeing to these Terms and the Privacy Statement individuals and legal entities may become a member of Ponymerch. Natural persons must be of legal age. A claim to membership on Ponymerch does not exist.
The registration of a legal entity may only be performed by an authorized natural person who must be named. In the event that a community of persons can be effectively represented only by several people, the natural person who is acting on Ponymerch for the legal person must have been authorized for this purpose. Members are obliged to keep their information up to date.
When registering, the member selects a username and a password. The password may not be communicated to other parties and must have a sufficient complexity. A claim to a specific username or a particular password does not exist.
After filling out the registration form and sending the data, Ponymerch sent a message to the e-mail address of the applicant.
Errors can be corrected any time before saving. After completing the application, the information can be corrected in the „Account“ section. Excluded from this is the change of the username. Such a change can be made only through the customer service of Ponymerch.
The registration process (including the confirmation e-mails) is in English.
Ponymerch stores the agreed on conditions after successful registration.
Member accounts are not transferable and may be used only by the member personally. A renewed application for termination by Ponymerch is prohibited.
With the registration each member receives a profile. Further information to the person can be given here.
Ponymerch strives to establish the identity of its members exactly, but it can not be ruled out that members indicate a false identity.
3. Right of Withdrawal
Unless you are an individual and conclude the contract about the provision of services (= provision of the marketplace) for a purpose which can’t be mainly attributed to either your commercial or independent professional activity (= consumers in terms of § 13 German Civil Code – BGB), you are entitled to that below described statutory right of withdrawal.
The requirements and legal consequences of the German consumer right of withdrawal shall apply even if under Swiss law, a revocation is not intended for consumers with permanent residence in Switzerland.
You have the right to withdraw from this contract within fourteen days without giving a reason.
The withdrawal period is 14 days from the date of conclusion.
To exercise your right of withdrawal, you must inform us by means of a clear declaration (for example by mail letter or email) of your decision to withdraw from this contract.
To safeguard the withdrawal period it is sufficient that you send your communication concerning the exercise of the withdrawal before the expiry of the withdrawal period.
Effects of withdrawal
If you withdraw from this contract, we will reimburse all payments we receive from you, including the costs of supply (with the exception of the additional costs arising from the fact that you have chosen a different method of delivery than the cheapest Ground Shipping offered by us), and repay immediately latest within fourteen days from the date on which the notice of its cancellation of this contract with us has been received. For this repayment we use the same method of payment that you used in the original transaction, unless you expressly agreed otherwise; you won’t be charged fees for this repayment.
Premature lapse of the right of withdrawal
The right of withdrawal expires prematurely in contracts on:
- the supply of goods which are not prefabricated and for their production of an individual choice or determination shall prevail through you or that are clearly tailored to your personal needs
- the supply of goods, which are unsuitable for reasons of health or hygiene to return if their seal has been removed or have been exposed with perishable goods
4. Conclusion of the contract on the acquisition of goods or the Treaty establishing a performance between members
Where a Member as a seller offers an article or a terms of reference, there is a binding offer that any other Member may purchase the products or the performance of the advertised price. The contract comes into effect when another member (buyer) clicks the button provided for this purpose and confirms the operation. Upon completion of the purchase agreement, the buyer will receive a confirmation e-mail sent by Ponymerch. The buyer is obliged to pay the total price within seven days of receiving the order confirmation, unless the parties to the purchase contract agree otherwise.
It is for each provider itself, to learn about the legal conditions of the sale of goods or the contractual completion of work or services contracts and these obligations independently comply (example given: Imprint, Conditions etc.).
Ponymerch is not involved in the conclusion of the contract between the members and makes no warranties with respect to the nature of the goods and services offered by members. The provider of products and services are responsible for the description of their offerings.
Registration as a member of Ponymerch is free. After a successful sale of a product or service on the Ponymerch platform a percentage commission is due.
This percentage currently is 3% of the payment.
If the purchase agreement is not reached because of an effective revocation, Ponymerch refundes the sales commission.
Fees are charged to the member of Ponymerch after emergence of the purchase agreement or at the end of a calendar month, no later than at the end of the following month, in statement.
The member comes without further notice in default if it fails to pay within 30 days after the due date and receipt of an invoice. If the member is a consumer, this shall only apply if the member has been pointed on these consequences by Ponymerch in the bill.
6. Duties of a member
There are laws (L), that every member needs to keep, and rules (R), created by Ponymerch itself to ensure proper use of the Internet platform.
Each member is obliged to use the platform only legal and under these Terms and the rules of Ponymerch. Members are fully responsible for their own services (eg shop, articles) and content (eg, reviews, forum posts, individual data).
L) principles that apply by law to all members:
Members must hold course in the use of our service to the existing laws, in particular (non-exhaustive) content of members must not hurt
- Criminal standards,
- The rules on protection of minors
- Data protection law,
- Copyright, trademark, patent or name rights of others or
- Personal rights and legitimate rights of others
Exemplary, but not exclusive, means:
It is prohibited to offer or publish content on Ponymerch in which they are the following goods or services:
- Stolen / stolen goods (these are, for example, goods that have been acquired from fraudulent transactions)
- Media Harmful to Young
- Toll telephone numbers
- Inciting criminal activity, racist content
- Propaganda articles banned parties, associations and groups
- Article anticonstitutional organizations
- Slander or libel
- Forgery, counterfeit branded products
- Content that violates common decency
- Images and other files that are protected by copyright if the user has not acquired a right of use
- Articles that have been produced by child labor
Furthermore, it should be noted that there are many items that have special commercial and – partly severe – legal regulations or restrictions. Exemplary, but not limited to, may be mentioned here:
- Trade in children’s toys
- The sales of food
- The trade in textiles
- Products made from protected plants and animals
Please note that the content on the Ponymerch platform is basically available worldwide and therefore depending on the case, the regulations of other countries must be respected. This particularly applies to offers of goods and services, which are also open to customers in other countries.
R) Rules that Ponymerch declares binding:
- Members must behave respectfully with one another!
- Be fair to each member and to Ponymerch!
- It may be offered on Ponymerch only goods and services that fit Ponymerch. That means, it may only be homemade goods offered or services that are related to handicraft, crafts, sewing and do-it-yourself and deemed pony merchandise. In exceptional cases goods can be offered made a third, if the manufacturer is called and it is small editions.
- Members may not circumvent or prevent remuneration of charges of Ponymerch. In case of evasion or illegal remuneration thwarting Ponymerch is entitled to demand jointly and severally be reimbursed by all participating members as damage compensation; Any further claims, in particular, the blocking and / or termination of the affected user accounts are not affected.
- The supplier of a commodity must have the goods offered or be able to provide this within the time specified in the offer
- The provider must inform on offer over the details of price, payment, delivery, delivery time, Shipping & fees, complete and in compliance with the relevant legal regulations
- In the offer it must be indicated, which is the own share of the production of the product on offer
- The mere reference to an Internet address is not enough to describe a product
- Offers must be set into the appropriate category or, if there should be no appropriate category, it must be set to the appropriate one for uncategorized articles and apply for an appropriate category by contacting the Ponymerch team
- Comments, news and reviews must be factual and must not contain any insults
- It is not allowed to submit ratings about yourself
- There must be no harmful technologies used which could damage the platform, members or third parties or these harass (viruses, robot, spider, scraper, crawlers, hacking, brute force attacks, etc.). This includes, for example, the automatic selection of data through crawlers.
- It is forbidden to collect address data on Ponymerch without the consent of each member
- Members may use the contact information that they have received as part of the communication or a transaction with one another, do not use for the sending of advertising, if this is not present explicit consent of the other member
- The use of spam, pyramid schemes and similar unfair marketing measures is prohibited
- Keyword spamming is forbidden
- Products must be described in English or German.
- URLs may only appear in offers if at the given URL further information can be found on each topic. The content of these pages must comply with the applicable law. Links to affiliate programs, referral URLs, URLs to paid subscription sites and online stores, etc. are prohibited.
- The User is obliged to prevent undue strain on the Ponymerch platform. In particular, no content may be released, which can compromise the integrity, stability and availability of the Ponymerch platform.
A member who is a commercial dealer, is committed to indicate this and to show all relevant legal information obligations, including the obligation to provider identification (in Germany: „Impressum“, governed by: § 5 Telemedia Act, TMG), for information on the handling of data ( in Germany: § 13 TMG), distance selling of goods and for e-commerce (particularly for regulated „Widerrufsrecht“ in Germany:.. §§ 312d to 312e, § 355 ff BGB, Art 246, §§ 1, 3 BGB ) for its offers and content comply.
7. Measures for breach of law or these Terms and Conditions
The online marketplace of Ponymerch can only function properly if all members abide by the rules. Therefore Ponymerch reserves the right to take action against members if concrete evidence is given that the member violates these Terms and / or applicable law. When selecting measures Ponymerch relates the operating requirements of the Ponymerch platform, own liability risks and the legitimate interests of any claimant and the member (eg fault, weight of dereliction of duty, the risks, the opinion of the user) in its decision.
If Ponymerch becomes aware of indications of breaches of duty of the member, eg by third complaint, Ponymerch will inform the member thereof. Here Ponymerch may set a reasonable deadline for submitting comments the individual case, which in the case of extreme urgency, may be just a few hours.
The penalties, which Ponymerch can pronounce against a member are:
- Issue a written warning to the member to immediately refrain the violation;
- Suspend, lock or stop individual services (eg shop, Profile, articles) or content (eg, reviews, forum posts, particulars) of the member on the Ponymerch platform;
- Restricting the use of Ponymerch platform by the member (eg Forum lock, limiting the number of offers);
- Preventive locking of the member;
- Exclusion of the member
For a member who has been terminated, the re-registration at Ponymerch and the use of other member accounts is prohibited.
Ponymerch is authorized at its discretion to remove offers from members who do not fit the overall presentation of the platform.
8. Reporting of violations
Violations of the Terms and Rules of Ponymerch can be reported by members on the general contact form.
When a member is reported, no further members may be reported to violate these or similar rules in the same message, each user must be reported separately.
If the message is done by a legal representative of a person authorized to do so, we ask this, the display of the infringement, accompanied by the power of attorney (proxy) to be send by e-mail with scan or mail to us. Ponymerch reserves the right to require the original of the proxy.
The Member shall exempt Ponymerch of any claims asserted by third parties against Ponymerch because of a legal issue or breach of duty of the member, unless the member is not responsible for the breach of duty. To reimburse are also adequate legal defense costs (esp. Legal fees), caused for Ponymerch due to the misconduct of a member.
10. Term and Termination
The usage agreement runs for an indefinite period and may be terminated at any time with a notice period of seven days by both the Member and by Ponymerch. For the declaration of termination of the member a written announcement at Ponymerch or an e-mail to email@example.com will be needed.
The right to extraordinary termination remains unaffected. In addition to the statutory grounds for an extraordinary notice it provides for Ponymerch an important cause for termination is when one member of a reminder of Ponymerch (which may be material contractual obligation) towards the payment of due compensation does not pay within a reasonable time and the date of termination is in default , Ponymerch is entitled to take provisional measures in accordance with section 7 during the run of the period prescribed.
- The member grants Ponymerch the necessary rights for the implementation of the contract to the content posted by him on the online platform. This includes in particular the right to reproduce any content submitted by the member, contents for contractual provision of their services, distribute, make available to the public or edit. Ponymerch is especially entitled to reproduce the content even after termination of membership addition, disseminate and make available to the public.
- Further admits the member Ponymerch the right to use the content posted by him in the advertising of the online platform or individual deals, in particular for advertising on the Internet (in particular, affiliate advertising, e-cards and the like), In Print ads and / or commercials. Ponymerch is especially entitled to copy contents from the member for that purpose, to spread, to make publicly available, edit, send and / or programs (§ 22 German Copyright Act, the Copyright Act)
- The under paragraphs 1 and 2 granted rights grant Ponymerch the simple, temporally and spatially unlimited right of use. The under paragraphs 1 and 2 granted rights can be transferred and sublicensed by Ponymerch to a third party. Ponymerch owes no separate remuneration.
12. Limitation of Liability
The following limitation of liability provisions of Ponymerch apply to all claims for damages and liability claims, regardless of on what legal grounds they are based (eg warranty, delay, impossibility, breach of duty, impediment, tort etc.) except for:
Claims for damages resulting from injury to life, limb and health, rights and claims of the User in case of fraudulent concealment of a defect by Ponymerch or for lack of a constitution, for which Ponymerch guarantees,
Claims and rights of the Member which are based on intentional or grossly negligent behavior of Ponymerch itself, its legal representatives or agents and claims from the member under the Product Liability Act.
For the aforementioned exceptions it remains with the statutory provisions.
Ponymerch is liable for slightly negligent infliction of damage only in breach of fundamental obligations (cardinal obligations), ie of duties which the purpose of the contract is required or on whose compliance the signatory can trust regularly. For breaches of cardinal obligations, the liability of Ponymerch is limited to the replacement of the for Ponymerch typical and foreseeable damage at the conclusion of the contract. Incidentally, a liability of Ponymerch at slightly or negligent infliction of damage is excluded.
Liability for non-existent availability of the online platform is excluded. In particular, there are no claims against Ponymerch, insofar as not existing availability has an impact on sales contracts, for example, because a product can not be adjusted or a purchase contract is not concluded.
Ponymerch is not liable for the execution of contracts between members.
13. Transfer of contract by third parties
Ponymerch is entitled to transfer with a notice period of four weeks its rights and obligations under the user agreement fully or partially to a third party. In this case, the member shall be entitled to terminate the contract within three weeks after receiving the notice within a period of 4 working days.
14. Amendment of Terms
Ponymerch reserves the right to modify these Terms at any time and to submit new or additional terms and conditions for the use of the online platform. Changes or additional conditions will be made public to you and gain effect once they have been accepted. In the event that you do not accept the changes, Ponymerch can terminate the usage agreement.
15. Final Provisions, Governing Law and Jurisdiction
Ponymerch can be operated by third parties as so-called agents for the purpose of fulfilling the contract.
Claims against Ponymerch may not be wholly or partially transferred to third parties.
The legal relationship between the parties is governed by the law of the Federal Republic of Germany. The provisions of the UN Convention on Contracts for the International Sale of Goods of 11 April 1980 shall not apply.
With merchants, legal persons under public law or public special assets the seat of Bachmann & Hartmann GbR, Holbeinstraße 15, 44795 Bochum, shall have exclusive jurisdiction. Moreover, Bochum shall be the exclusive jurisdiction with respect to companies, if the member has no general jurisdiction in Germany or if the member moved after the conclusion of his domicile or habitual residence out of Germany or the domicile or habitual residence of the member is unknown.