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Terms and conditions for arcato
1. Scope, definitions
1.1 These terms of use apply to the use of the online portal provided by arcato GmbH, Lerchenstraße 28, 22767 Hamburg, Germany (hereinafter “operator”) on the Internet at www.arcato.net called “arcato” (hereinafter “arcato”).
1.2 User within the meaning of these terms of use is the generic term for registered users and guests. Users can be both consumers and entrepreneurs.
1.2.1 Registered users have the option of reading access to arcato and to use certain technical functions.
1.2.2 Guests are users who have read-only access to parts of arcato that do not require registration and can use certain functions of arcato that do not require registration.
1.2.3 A consumer is any natural person who concludes a legal transaction for purposes which for the most part cannot be attributed to their commercial or independent professional activity.
1.2.4 Entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity.
1.2.5 Vendors are registered users who, as entrepreneurs, post advertisements for the sale of products on arcato.
1.2.6 Customers are registered users who, as consumers or entrepreneurs, can access advertisements from providers on arcato and contact the providers via arcato.
2. Right of use
2.1 Natural persons, legal entities and partnerships are entitled to use. Natural persons with unlimited legal capacity (in particular minors) may only use arcato with the consent of their legal representative. In this case, the operator reserves the right to make the use of arcato dependent on the presentation of a written declaration of consent from the legal representative. By submitting his declaration of consent to these terms of use, the user confirms that he meets the above requirements when concluding the user agreement.
2.2 Suppliers must provide the operator with the following information in particular before starting their sales activity via arcato:
- name and address of the user,
- the user's telephone number,
- the user's email address,
- sales tax identification number of the user,
- bank details or number of the user's virtual account,
- User's self-certification, in which the user undertakes to only offer products that comply with the applicable rules of Union law.
2.3 The registration of a legal person or a partnership may only be carried out by a natural person authorized to represent, who must be named.
2.4 Each user may only set up one user account for arcato. His right to use arcato is only valid for him personally and is not transferable.
3. Registration, conclusion of contract
3.1 Upon successful registration or as part of reading access as a guest, a user contract is concluded between the operator and the user for the use of arcato in accordance with these terms of use.
3.2 After entering their data in the online form provided for this purpose, the user can register by clicking on the button that concludes the registration process. Sending the registration data represents the user's offer to conclude the user contract, which the operator can accept but does not have to accept. The operator can accept the user's offer within five days of receipt of the request by sending an order confirmation sent electronically (email) or by activating the user account. If the operator does not accept the user's contract offer within the aforementioned period, this is considered a rejection of the offer.
3.3 The contract text is stored by the operator, but can no longer be retrieved by the user via the operator's website after submitting his contract declaration.
3.4 Before submitting his contract declaration, the user can continuously correct his entries using the usual keyboard and mouse functions.
3.5 Different languages are available for the conclusion of the contract, which the user can select when visiting the arcato website.
3.6 The information requested during registration must be provided completely and correctly by the user. The user is required to keep this information up to date at all times.
3.7 If the operator receives sufficient information or has reason to believe that information received from a provider as part of the registration process about the provider's identity is incorrect, incomplete or not up to date, the operator requests the provider to correct or complete the relevant information immediately. If the provider fails to correct or complete this information, the operator will suspend its services to the provider until the provider has fully complied with the request.
4. Operator performance, marketing, ranking
4.1 With arcato, the operator provides an online portal via which users can set up user accounts and get in touch with other users of the portal using the software provided by the operator. Vendors can also post ads on arcato for the sale of “musical instruments” products.
4.2 Contracts using the tools described on arcato cannot be concluded directly between users via arcato. arcato is only used to contact users and to initiate contracts, which may be concluded between users outside the portal. In this respect, the operator only acts as an intermediary and does not himself become a contractual partner of any contracts concluded between the users. Any contracts concluded between users are also fulfilled exclusively between users. The operator does not accept declarations of intent that may be exchanged between users and does not guarantee that a contract is actually concluded between the users.
4.3 To use arcato, the operator allows the user to access his website and provides him with suitable software, which remains on the operator's server. The range of functions and technical specifications of the software are described in more detail in the service description on the operator's website. The operator is not responsible for establishing and maintaining the data connection between the user's IT system and the operator's server.
4.4 To market the ads posted on arcato, the operator carries out various sales promotion measures, such as ad bookings in Internet search engines, affiliate marketing, the use of display ads and other digital advertising formats. The operator reserves the right to change the specific measures implemented at its own reasonable discretion, insofar as this appears appropriate taking into account the interests of both parties.
4.5 The order in which ads are displayed during a search or in a category on arcato (ranking) is based in particular on the following factors:
- Timeliness of ads, with more recent ads being displayed first,
- availability of relevant products,
- prices of the relevant products,
- Relevance for the entered search term.
In addition, the ranking can be influenced by commissioning any marketing measures offered by the operator in favor of a specific product or service.
4.6 The operator can offer users personalized recommendations. These recommendations may take into account data relating to the user's activity on arcato. In particular, the following parameters are taken into account:
- search and usage behavior,
- product categories visited,
- price level,
- relevance for the respective search query,
- seasonal circumstances,
- actions,
- Interest of other users in comparable products or services.
The user can change the settings for personalized recommendations at any time in the privacy settings of their user account.
4.7 arcato is offered subject to availability. 100% availability is technically impossible and cannot therefore be guaranteed by the operator. However, the operator strives to keep the service available as consistently as possible. In particular, maintenance, security or capacity issues as well as events outside the operator's control (disruptions to public communication networks, power outages, etc.) can lead to disruptions or a temporary shutdown of the service. As far as possible, the operator will carry out maintenance work during periods of low usage.
4.8 The software used to operate arcato is updated by the operator at irregular intervals. Accordingly, the user only receives a right to use the latest version of the software. On the other hand, the user has no claim to bring about a specific state of the software.
5. Changes in performance
5.1 The operator reserves the right to change the services offered or to offer different services, unless this is not reasonable for the user.
5.2 The operator also reserves the right to change the services offered or to offer different services
- insofar as he is obliged to do so due to a change in the legal situation;
- insofar as he complies with a court judgment or an authority decision directed against him;
- insofar as the respective change is necessary to close existing security gaps;
- if the change is only beneficial to the user; or
- if the change is of a purely technical or procedural nature without significant effects on the user.
5.3 Changes with only minor influence on the functions of arcato do not represent changes in performance within the meaning of this section. This applies in particular to purely graphical changes and the mere change in the arrangement of functions.
6. Duties of the user, responsibility for content
6.1 Each user is solely responsible for the content of the information they post on arcato, in particular for its truthfulness and legal safety. The user assures that the data provided by him is true. The user shall ensure that the content posted by him does not violate these terms of use or applicable law. In particular, he must comply fully with the requirements of competition law and intellectual property (copyrights, patent rights, trademark rights, etc.) at all times and behave in such a way that the rights of third parties are not affected and that no risk can arise for the operator, for example as a result of claims by third parties.
6.1.1 In particular, publication is prohibited
- copyrighted content if there is no permission to use it (e.g. photos that the photographer and/or a person depicted has not consented to publish on the Internet);
- false statements of fact;
- of contributions aimed at personally attacking or defaming other users;
- racist, xenophobic, discriminatory, or offensive content;
- content harmful to young people;
- content glorifying violence;
- false profile data to conceal true identity;
- from links to sites that do not comply with legal regulations or these terms of use.
6.1.2 Furthermore, Arcato may in particular not post advertisements for
- stolen goods/stolen goods;
- counterfeits, counterfeit branded products;
- Articles made with child labor.
6.2 Arcato may only post advertisements for products that meet the legal requirements for product quality and product safety for marketing within the European Union.
6.3 Arcato may not use technologies that damage or annoy the platform, users or third parties (viruses, robots, spiders, scrapers, crawlers, hacking, brute force attacks, etc.). In particular, no technologies may be used to extract any significant parts of arcato for reuse (whether once or multiple times) without the express consent of the operator. Furthermore, no separate database containing essential parts of arcato (e.g. prices and product information) may be created and/or published without the express consent of the operator.
6.4 Users may not use the contact details they have received as part of communication with arcato to send advertising without the express consent of the other user.
6.5 Users are generally liable for all activities carried out using their access, insofar as they are responsible for this. The user is responsible for keeping access data confidential. He must ensure that they are not accessible to third parties. The user must immediately inform the operator if there is evidence that his access is or has been used by third parties without authorization.
7. Moderation and restriction of content, sanctions
7.1 In principle, the operator is not obliged to proactively check the content posted by users for legality or compatibility with the rights of third parties or these terms of use. However, the operator reserves the right to check the legality of the user's content in individual cases at its own initiative and, in the event of identified violations, to take measures in accordance with the following provisions.
7.2 Users and affected third parties can report suspected illegal content to the operator using the email address provided in the operator's legal notice. The operator is free to forward the content of a message to the user who posted the reported content. The identity of the reporting person is only disclosed to the user if absolutely necessary.
7.3 In the case of reports and as part of checks carried out, where appropriate on the operator's own initiative, there is always a human content control. In individual cases, automated technical inspection procedures may be added as a supplement.
7.4 If, following a report or as part of an audit on the operator's own initiative, the illegality of content published by the user is identified, the operator is entitled to take one or more of the following measures at its reasonable discretion, even without prior notice or contact:
- warning the publishing user,
- temporary blocking or permanent deletion of the affected content,
- temporary or permanent suspension of obligations assumed under the contract,
- Termination of the contractual relationship (ordinary or extraordinary for good cause).
7.5 When choosing the measures to be taken, the operator will take into account the principles of proportionality and balance the interests of the user concerned with his own interests in continuing its business activities unhindered, trouble-free and with integrity.
Criteria that are taken into account when imposing a measure are:
- the meaning and meaning of the specific content and its potential for injury or risk,
- the frequency of publication of prohibited content by the user,
- the relationship between the publication of illegal content by the user and the rest of the user's use of services,
- if discernible, the intentions pursued by the user by publishing illegal content,
- If apparent, the existence and degree of fault of the publishing user.
7.6 Insofar as users frequently submit obviously unfounded reports or complaints, the operator shall suspend the processing of reports and complaints from these users for a reasonable period of time after prior warning.
7.7 For providers, the following additional requirements for sanctions apply:
7.7.1 If the operator decides to restrict or suspend the provision of arcato to a provider with regard to individual advertisements, it shall provide the provider concerned with a statement of reasons for this decision in text form before or at the same time as the suspension or restriction takes effect.
7.7.2 If the operator decides to completely stop providing arcato to a provider, it shall provide the provider concerned with a statement of reasons for this decision in text form at least 30 days before the termination takes effect.
7.7.3 The deadline in accordance with the previous paragraph does not apply if the operator
- is subject to legal or regulatory obligations which require a complete cessation of the provision of arcato to the provider and do not allow the provider to comply with the deadline;
- effectively exercises his right to extraordinary termination of the user agreement for good cause;
- can prove that the provider concerned has repeatedly violated the applicable terms of use, which has led to the complete termination of the user contract.
In the above cases, the operator immediately provides the provider concerned with reasons for its decision in text form.
7.7.4 In the cases regulated above, no justification is required if, due to legal or official obligations, the operator is not allowed to disclose the specific facts or circumstances and the correct reason or reasons, or if he can prove that the provider concerned has repeatedly violated the applicable terms of use, which has led to the complete termination of the user agreement.
7.8 If a user is permanently blocked, he may no longer use Arcato and may not register again.
7.9 The operator is authorized to remove advertisements or content that do not match the overall message of arcato at its own reasonable discretion. If the user has not committed a breach of duty for which he is responsible, the operator will refund any compensation incurred for the deleted advertisement.
8. Granting of rights of use by the operator
8.1 The operator grants the user a non-exclusive right, limited to the duration of the user contract, to use the provided online portal and the software contained therein within the framework of these terms of use.
8.2 Without the operator's express consent, the user is not permitted to make the content made available to him available to third parties. The user shall ensure that he does not provide third parties with any means of circumventing access to arcato.
9. Granting of rights of use by the user
9.1 The operator is entitled to use content and information provided by users for arcato or to have it used by third parties.
9.2 The operator may technically process advertisements and other content from providers in such a way that they can also be displayed on mobile devices or in apps from the operator or by third parties.
9.3 Advertisements and other content from providers can also be accessed via other countries. The operator may translate advertisements and other content from users into other languages for this purpose at its own expense.
9.4 The user does not grant the operator the necessary rights of use free of charge, exclusively and limited to the duration of the user contract, in particular the right to permanent storage and storage and to make available to the public, the right of reproduction and publication and the right of processing and distribution, and guarantees that he is entitled to grant this right of use.
10. Compensation
10.1 The use of arcato is free of charge for guests and customers.
10.2 Providers must pay a lump sum fee for posting advertisements on arcato. The amount of remuneration and payment methods are based on the operator's payment information on arcato.Zahlungsinformationen des Betreibers auf arcato.
11. Exemption from liability
The user releases the operator from all claims that other users or other third parties assert against the operator due to infringement of their rights due to content posted by the user or due to his other use of arcato. The user also assumes the necessary costs of legal defense, including all court and attorney fees in the amount of law. This does not apply if the user is not responsible for the infringement. In the event of a claim by third parties, the user is obliged to immediately, truthfully and completely provide the operator with all information necessary to verify the claims and defend them.
12. Operator's liability
12.1 The operator is not liable for service disruptions in the contractual relationship between users.
12.2 In the contractual relationship between operator and user, the operator is liable to the user for all contractual, contract-like and statutory, including tort claims for damages and expenses as follows:
12.2.1 The operator is fully liable for any legal reason
- in case of intent or gross negligence,
- in the event of intentional or negligent injury to life, limb or health,
- on the basis of a guarantee promise, unless otherwise specified in this regard,
- due to mandatory liability, such as under the Product Liability Act.
12.2.2 If the operator negligently breaches an essential contractual obligation, liability is limited to foreseeable damage typical of the contract, unless liability is unlimited in accordance with the previous paragraph. Significant contractual obligations are obligations which the contract imposes on the operator in order to achieve the purpose of the contract, the fulfilment of which makes the proper execution of the contract possible in the first place and on whose compliance the user may regularly rely.
12.2.3 In addition, liability on the part of the operator is excluded.
12.2.4 The above liability regulations also apply with regard to the liability of the operator for its vicarious agents and legal representatives.
13. Duration, termination
13.1 With guests and customers, the contract for the use of arcato is concluded for an indefinite period of time and can be terminated by all parties at any time without notice.
13.2 The contract for the use of arcato is concluded with providers for an indefinite period of time, but at least for a period of one month (minimum term) and can be terminated by both parties subject to a notice period of 14 days before the end of the minimum term. If there is no timely termination, the contract is continuously extended by a further month and can then be terminated by both parties subject to a notice period of 14 days before the end of the respective term.
13.3 The right to extraordinary termination for good cause remains unaffected. An important reason exists if, taking into account all the circumstances of the individual case and weighing up the interests of both parties, the terminating party cannot be expected to continue the contractual relationship until the agreed termination or until the expiry of a period of notice.
One important reason in particular is:
- a significant violation of essential provisions of these terms of use, which is not eliminated or committed repeatedly even after the deadline has been set and makes the continuation of the contractual relationship impossible or unreasonable;
- re-registration while the user is still being blocked;
- providing false profile data from the user to conceal the user's true identity;
- If, in the event of a paid use of Arcato, foreclosure proceedings have been initiated against the entire assets of the other party or a significant part of these assets, or there are reasons for opening insolvency proceedings against the other party, such proceedings have been denied due to lack of property, insolvency proceedings have been filed against the other party or an affidavit of its assets has been submitted by the other party.
13.4 In the event of a justified extraordinary termination of the user contract by the operator, the user is not entitled to create a new user account for arcato.
13.5 Cancellations can be made in writing, in text form (e.g. e-mail) or by the user also by requesting the operator to delete his user account with arcato in writing or in text form.
13.6 Upon termination of the contract, the user loses access to his user account. Furthermore, the operator's obligation to store the user's data provided by the user expires upon termination of the contract.
14. Amendment to the terms of use
14.1 The operator reserves the right to change these terms of use at any time, provided that the user agrees to the change.
14.2 The operator also reserves the right to change these terms of use without the user's consent
- insofar as he is obliged to do so due to a change in the legal situation;
- insofar as he complies with a court judgment or an authority decision directed against him;
- insofar as he introduces additional, completely new services, services or service elements that require a service description in the terms of use, unless the previous user relationship is adversely affected as a result;
- if the change is only beneficial to the user; or
- if the change is purely technical or procedural, unless it has significant effects on the user.
14.3 The operator will inform the user in good time and in an appropriate form of significant changes to these terms of use. Such changes are essential, which would significantly postpone the contractual relationship to the detriment of the user or would amount to the conclusion of a completely new contract. These include, for example, regulations on the type and scope of the service or on contract duration and termination modalities.
14.4 The user's right of termination in accordance with the previous paragraph remains unaffected.
15. Applicable Law
The law of the Federal Republic of Germany applies to all legal relationships between the parties. In the case of consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
16. place of jurisdiction
If the user acts as a merchant, legal entity under public law or a special fund under public law based in the territory of the Federal Republic of Germany, the sole place of jurisdiction for all disputes arising from this contract is the operator's place of business. If the user is based outside the territory of the Federal Republic of Germany, the operator's place of business is the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims arising from the contract can be attributed to the user's professional or commercial activity. In the above cases, however, the operator is in any case entitled to appeal to the court at the user's registered office.
17. Alternative dispute resolution
The operator is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
18. Information on data access
18.1 When using arcato, the operator has access to the following categories of data, which include both data with and without personal reference:
- account details;
- address/contact details;
- access data.
18.2 The operator provides providers with the following categories of data, which are generated in connection with the use of arcato:
- provider account details;
- Customer account data (if necessary to contact us via arcato).
18.3 The operator makes some of the categories of data in accordance with Section 18.1 available to third parties who use this data for the further provision, development and analysis of arcato:
- CRM and marketing software providers
- Provider of statistics and analysis software
18.4 After termination of the user contract, the data provided by the respective user or generated by the user's use of arcato will be deleted. Contrary to this, the operator also stores this information after the end of the contract, insofar as he is legally obliged to do so or has a legitimate interest in doing so. Anonymized data generated through the use of arcato (e.g. usage statistics) is generally stored even after the end of the contract.
18.5 The operator provides information on the processing of personal data by the operator, including the transfer to third parties and the user's rights as a data subject, in its privacy policy.Datenschutzerklärung.
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