GTC (Second hand market)

General Terms and Conditions for the use of the Warwick platform "Used Instruments and Accessories"

Warwick GmbH & Co. Musik Equipment KG (hereinafter referred to as "Warwick") operates the trading platform and community Warwick Form for used instruments and accessories (hereinafter collectively referred to as "Platform") on the Internet in the store www.shop.warwick.de on the websites www.rockboard.de , www.sadowskybass.de , www.mec-pickups.de and www.warwick.de. These General Terms and Conditions (hereinafter referred to as "GTCS") apply to any use of the German language services of the Platform.

Warwick provides access and use of the Platform solely on the basis of these GTCS. Upon registration, each user must acknowledge and accept these GTCS, the Privacy Policy and other mandatory regulations on the Platform (e.g. catalogue rules, forum rules). Any violation of the applicable terms and conditions of use may result in civil and criminal prosecution.

 

1. Area of Application

Natural persons are authorized to use the platform. Commercial providers are only entitled to use the Platform after obtaining Warwick's prior consent. These GTCS govern the usage relationship between Warwick and the authorised users of the Platform (hereinafter referred to as "Members"). The usage relationship includes all content, functions, tools and other services including payment services (hereinafter collectively referred to as "Services") that Warwick makes available on the Platform. Services may be subject to supplementary Terms and Conditions, which must be confirmed and accepted before use.

2. Subject and Scope of the User Agreement

Warwick's Platform offers Members a virtual marketplace for the exchange of goods ("catalogue").

Within the framework of the user agreement, Members have the opportunity to receive offers from other Members and to purchase articles, as well as to upload their own articles to the catalogue that is relevant to the respective offer in order to exchange them, give them away or sell them.

Warwick reserves the right to restrict the use of certain Services within the Platform - in particular those that require the acceptance of additional Terms and Conditions or separate consent - to certain Members and/or groups of Members.

As the operator, Warwick only provides a platform and thus the technical equipment to enable the exchange of goods, the processing of payments and the communication between Members. Warwick is not involved in the contracts concluded between Members via the Platform and in the communication in this regard, and therefore assumes no liability for the contracts concluded between Members via the Platform or the content posted by Members.

3. Registration; Administration of the Member Account

3.1 Registration as a Member

The use of the Platform to search for offers, Members and forum content is possible without registration. Registration is required for all other services, such as trading via the platform. In order to register on the platform, the user enters his/her e-mail address, the complete residential address, a member name and a password of his/her choice. The user confirms that he/she is of legal age by ticking a box.

Each natural person is allowed only one single registration with a single member account. Each member account is created and managed by a single natural person. Member accounts are not transferable.

Warwick will confirm the registration by sending an email to the email address provided by the user. Once the user has confirmed the GTCS and Privacy Policy, a user agreement is concluded. Without this confirmation, the use of the Platform is not possible.

The data requested in the registration template must be provided truthfully.

Details regarding the collection and further processing of the data requested in the course of registration can be found in the privacy policy.

Warwick reserves the right to verify a user's identity again at a later date or in any other way, such as by entering a code that is sent to a mobile phone number of the user or by clicking an activation link that is sent to an email address of the user. As long as the user has not provided the required verification, his account will remain blocked.

There is no right to registration. Warwick may refuse registration at any time and may do so without giving any reason.

The member name chosen during registration as well as any profile picture chosen by the user must not infringe any third party rights, in particular trademark rights, personal rights or copyrights, and must not offend common decency. Furthermore, member names may not consist of an email or Internet address.

If the registration is not completed, Warwick reserves the right to delete the incompletely registered account. Warwick also reserves the right to block or delete accounts if they are not used in accordance with these GTCS.

3.2 Administration of the Member Account

Should the data provided during registration change, the Member is obliged to correct the information in his member account immediately. Changes to the member data can be made in the account under "Edit profile". A change of the Member name is not possible after registration.

The Member's chosen member name and password must be kept carefully and may not be passed on to third parties.

Furthermore, Members are obliged to inform Warwick immediately if there is reason to suspect that a third party has obtained knowledge of the access data and/or a third party is misusing the account.

3.3 Deleting the Account; Ending the User Agreement

Provided that all outstanding transactions have been successfully completed, the Member may terminate his/her account at any time without notice. To do so, it is sufficient to click on the "Delete my account" button under the menu article "My settings" in the web version of the Platform.

Warwick may terminate the User Agreement at any time subject to a notice period of fourteen days. The right to terminate without notice for good cause or to block a user remains unaffected.

All content created by the Member within the scope of the membership (e.g. offers, forum content) will remain available for technical reasons after termination of the User Agreement, but without displaying the Member's name and with a note that the content originates from a Member whose account has been deleted in the meantime.

4. Trading via the Platform

4.1 Posting of Offers

Only used musical instruments and the necessary used accessories may be offered via the catalogue.

All offers must be posted in the appropriate catalogue categories.

Any multiple posting of an article at the same time is prohibited.

Any advertising for articles or services offered outside the platform is not permitted.

The Member is responsible for the articles he/she offers as well as for compliance with all statutory provisions. It is prohibited to post offers that violate applicable law, our GTCS, the rights of third parties - especially trademark and copyright laws - or public morals, or whose distribution is restricted or prohibited by statutory provisions (including laws on consumer protection, protection of minors, unfair competition, export, etc.).

Each Member registered as a natural person shall affirm that the offers placed in the catalogue are occasional private advertisements (for articles in household quantities) and that there is no commercial trade.

Members may only offer articles of which they are the sole owner or which they may dispose of with the owner's consent. All offers must be described correctly and completely with words and pictures. If Warwick has integrated this feature, Members may also post videos to display the article in addition to posting pictures. All properties and features essential for the purchase decision, the purchase price and any defects that reduce the value of the article offered must be truthfully stated. The possible shipping options must also be indicated. Warwick does not guarantee the timeliness, completeness or quality of the information provided by Members.

All prices shall be quoted in EURO and shall include value added tax where applicable, and shall be exclusive of shipping costs (see article 6).

When uploading an article to the catalogue, at least one truthful photograph or, if Warwick is technically able to do so, a video (hereinafter: "images") of the article offered must be included in good quality. Any defects of the article must be visible on the images. Any addition of false images (e.g. from the Internet or the like) is prohibited. Photos and videos are protected by copyright or corresponding ancillary copyrights. When uploading an article, the Member must therefore either ensure that only such images are used whose sole copyright holder is the Member or that the copyright holder has given his/her consent to the use. In addition, the publication of relevant images may infringe the rights persons in their own images and words. Before publication, the Member shall ensure that the consent of all persons who appear in the published images or whose voice can be heard has been obtained.

It is not permitted to manipulate the search function of the Platform, e.g. by improperly inserting brand names or other foreign search terms into the article description.

Warwick has the right to technically edit, prepare and adapt offers and contents of Members in such a way that they can also be displayed on mobile devices.

Each uploaded article is first checked by Warwick and is inactive. Warwick also has the right to decide whether an article may be offered for sale on the Platform by the Member. Warwick reserves the right to reject any offer. In this case, the Member will receive an email from Warwick informing them that the article has been rejected. If the offer is accepted by Warwick, it will be activated on the Platform for a period of 3 months.

It is the responsibility of each Member to view the full content of an offer on the Platform before making a purchase decision.

4.2 Listing fee

A listing fee of 3% of the value of the goods is payable to Warwick for offering articles on the Platform. The fee is calculated on the basis of the seller's asking price (VHB). The listing fee is payable upon request for the listing of an article and reimburses Warwick for its services in connection with the verification and administration of the account. Therefore, the listing fee will not be refunded if an article is rejected.

4.3 Objections to offers by Warwick

Warwick reserves the right to object to uploaded offers due to insufficient quality of the article or image material or due to incomplete, incorrect or otherwise insufficient information or descriptions of the article and to delete them from the catalogue.

Warwick reserves the right to delete articles without notice if they violate applicable law, third party rights, public morals, these GTCS or the catalogue guidelines.

Warwick, however, is not obliged to review the posted offers and other content and therefore assumes no responsibility for the quality of the posted articles, the legality, accuracy or completeness of the content.

4.4 Buying and selling articles

a) When buying and selling articles, the contract is concluded directly between the Members concerned without the participation of Warwick. Warwick is not involved in the legal transactions concluded via the Platform. Warwick is not liable for any failure to perform in the execution of the contract between Members.

b) The posting of an article is considered an offer to conclude a sales contract for the article in question. As long as a contract has not been concluded, the member can delete a posted article at any time without further ado.

c) A prospective buyer is given the opportunity to make inquiries via the platform. The Member making the offer is then informed via the Platform by email about the inquiry for the purchase of the article and can then agree with the respective prospective buyer on the conclusion of a contract.

d) The purchase contract concluded between the Members is based on the relevant legal provisions. The Members also agree independently on the means of payment via the medium they have chosen. Warwick is not involved in the execution of the contract between Members and accepts no liability.

e) A withdrawal from the contract is only possible for the buyer and the seller in the cases provided for by law. The rescission of the contract is the sole responsibility of the members.

f)  Auctions for sale to the highest bidders are not allowed on the Platform.

g) Members are themselves responsible for archiving on a storage medium that is independent of the Platform any content published on the Platform which they require for the fulfilment of the contract, preservation of evidence, accounting etc.

4.5 Deletion of an article after sale and listing after 3 months

When selling an article, the seller (Member) is obliged to remove the article from the Platform on his/her own.

In addition, Warwick will remove the article by way of central configuration from the supply catalogue 3 months after it was added to the catalogue. The article in question will then be offline after a period of 3 months. The Member will be notified by e-mail when the article is removed from the catalogue. The Member can then choose to post the article for another 3 months. In this case the listing fee (4.2) of 3% of the value of the goods is due again.

5. Payment; Due Date

5.1 Purchase Price, Due Date

The purchase price is quoted in EURO including the applicable value added tax, if applicable, and is exclusive of agreed costs for postage, shipping and packaging ("Shipping Costs").

5.2 Means of Payment

The payment transaction between buyer and seller is handled directly between them. Warwick is not involved in the payment transactions between the parties.

The payment of the usage fee for the Platform is made by credit card (Visa or Master) or via PayPal.

6. Shipping

6.1 Shipping Options; Shipping Costs

When posting articles, the seller must provide information about the mode of shipment. The seller sets the price for shipping independently. Here, the buyer must pay the indicated amount to the seller in advance.

The seller may only add those costs to the sales price as shipping costs which he himself has to pay. The following items fall under shipping costs:

Costs for packaging material, as far as they have actually been incurred; the actual shipping costs which the seller has paid to the transport company for the shipment, if special shipping modes have been chosen. In this case, the article must actually have been shipped this way.

These costs are to be borne by the buyer in relation to the seller. Costs exceeding this amount may not be shown as shipping costs. The seller bears the burden of proof regarding the amount of the actual shipping costs incurred. In the event of conspicuously high shipping charges, or if there is a blatant discrepancy between the amount of the sales price and the shipping charges shown, Warwick is entitled to demand appropriate evidence for the amount of the actual costs incurred. In order to avoid misunderstandings, Warwick recommends that in the event of unusually high shipping costs, Warwick will provide a breakdown of the shipping costs without being asked.

Shipments are made exclusively in accordance with the GTCS of the respective shipping company. These conditions can be viewed here: Deutsche Post; DHL; DPD ; Hermes .

6.2 Shipping by the Seller

For articles with a purchase price of more than EURO 15, insured shipping with tracking is recommended for security reasons, even if uninsured shipping is also possible.

7. Chargeable Services in Addition to the Listing Fee

The registration on the Platform is basically free of charge for natural persons, with the exception of the listing fee payable under clause 4.2.

The commercial use of the Platform, if permitted by Warwick in individual cases, is subject to a fee. The amount of the fees will be agreed upon separately in the course of the admission procedure.

The use of additional services on the Platform is subject to a fee. Which additional services are subject to charges and which charges are incurred for the use of these additional services can be found in the constantly updated list of additional services that are subject to charges.

If an additional service triggers a cost obligation, this fact is also marked accordingly, stating the respective costs, before a binding order is made for the additional service.

Members who have purchased an additional paid service from Warwick agree that the fee for the additional service from Warwick may be collected directly from a credit card account, the details of which must be provided, or paid via a PayPal account.

In the event that Warwick will be able to collect funds directly from a Member's PayPal account in the future, Members who have a PayPal account and have purchased an additional paid service agree that the fee for Warwick's additional service can be collected directly from their respective PayPal account, provided that there are sufficient funds available in the PayPal account or such funds will be made available later through new incoming funds. Warwick will separately advise Members of this possibility before their respective PayPal accounts are debited for the first time.

If a user makes use of an additional paid service, Warwick will provide an invoice for this service in his account.

8. Duties of a Member

By agreeing to these GTCS, the Member undertakes not to violate applicable laws and to comply with all Member obligations listed below. When using the Platform, the Member undertakes in particular:

  • not to provide false, incomplete or misleading information or pursue fraudulent intentions.
  • not to post content or undertake activities that violate applicable law, the rights of third parties, public morals, these GTCS or other guidelines on the Platform (e.g. catalogue or forum guidelines).
  • not to post content or undertake activities that are insulting, threatening, abusive, defamatory, that glorify violence, are shocking, discriminatory, seditious, racist, pornographic, inhuman, immoral, offensive, obscene, extremist or harmful to minors, not to call for such activities and to link and advertise corresponding content on the platform.
  • not to engage in spamming (e.g. by sending messages en masse, distributing senseless and annoying content, advertising or indiscriminate purchase/contact requests).
  • not to create mass content, so that the use of the Platform is made more difficult for other Members or other users find this annoying (so-called "flooding").
  • not to put any postings or content in a location that is not meant for it or where other users may find such posting annoying.
  • not to misuse the services of the Platform, in particular not to harass, insult, threaten or deceive other Members or damage their reputation.
  • Repeated attempts to contact a Member are prohibited, if the other Member has stated that they do not wish to be contacted by the Member.
  • not to publish any information about third parties - in particular names, addresses, contact data, bank details, images, URLs and the content of private messages - on the Platform or to make such information available without the consent of third parties.
  • to treat the names, addresses and contact data or bank details of other Members obtained through the use of the Platform confidentially and not to use them for any other purposes than contractual or pre-contractual communication within the framework of the platform..
  • not to bypass any security mechanisms in order to manually intercept data of any kind electronically or for the purpose of misusing the Platform or to make any other hacking attempts.
  • not to use any robot, crawler, spider, scraper or other method to collect massive amounts of data on Warwick and/or do so in an automated manner for any purpose whatsoever.
  • not to post content or engage in activities that spread viruses, Trojan horses, worms or similar mechanisms on Warwick which interfere with, damage or reduce the efficiency of the Platform's operation or of the users' terminal equipment.
  • not to post content or engage in any activity to promote other websites or their content if they provide services similar to those of Warwick.
  • to immediately inform Warwick of any violation of these GTCS, of applicable law, third party rights or public morals, as well as of any violations committed by another Member on the Platform.

 

9. Rights and Duties of Warwick

9.1 Sanctions

If there are concrete indications that a Member is in breach of applicable law, these GTCS, the rights of third parties, public morals or other guidelines on the Platform (e.g. catalogue or forum guidelines) or if Warwick has any other legitimate interest, in particular to protect other Members from fraudulent activities, Warwick is entitled to impose the following sanctions against a Member at its sole discretion (e.g. in case of a severe breach or repeated breaches):

Admonition of a Member

Warning of a Member

Partial or complete editing of a Member's content

Partial or complete deletion of a Member's content

Temporary or permanent restriction of the use of individual services of the Platform (e.g. forum blocking, concealment of bank details and other personal data in personal messages)

Temporäre oder dauerhafte Sperrung des Zugangs zur gesamten Plattform

Temporary or permanent blocking of access to the entire Platform

Submission of a negative rating for a seller

A permanent blocking of a Member corresponds to a termination without notice of the user agreement for good cause.

If a Member has been blocked, he/she is prohibited from further use of the Platform or from re-registering on the Platform. Warwick reserves the right to prosecute and report violations of these GTCS and to pursue criminal prosecution where appropriate.

9.2 Provision and Operation of the Platform

Warwick provides the Platform in the form and with the functions available at any given time.

Warwick has the right to change the functionality or appearance of the Platform, technical mechanisms and services offered at any time. Such changes may require Members to update their software, hardware and services. This is at the sole expense of the Members. Warwick will make every effort, but is not obliged, to announce such measures in advance.

There is no claim to a certain availability of the Platform. The availability may be temporarily restricted in whole or in part due to maintenance work or for other reasons.

Warwick reserves the right to discontinue, temporarily or permanently, all or part of the services offered on the Platform, or to restrict access for maintenance, security or capacity reasons. Warwick will make every effort, but is not obliged, to give prior notice of such measures.

Any claim to use the services available on the portal is limited to the technical and operational capabilities of Warwick. Warwick is entitled to transfer its rights and obligations arising from the usage relationship in whole or in part to a third party within four weeks of notification by email or other suitable form.

10. Granting of Rights to Content posted by Members

With regard to all content uploaded by the Member, he/she shall grant Warwick a free, non-exclusive right, unlimited in time and place, to use the content in its own media or third party media (e.g. newsletters, blogs, press releases, advertising banners). The transfer of rights includes in particular the right to reproduce, make publicly accessible, edit, broadcast and distribute the content. Warwick has the right to grant sublicenses for these rights to companies affiliated with Warwick.

In addition, with regard to the content published on the Platform in connection with the posting of an article (this includes photos and videos as well as the description of the article), the Member shall grant Warwick the right to grant sublicenses to any number of buyers to make the content publicly available and to reproduce and edit the content. The granting of rights is limited to the purpose of reselling an item on the Platform and can be revoked or, if necessary, reactivated by the seller at any time in his account under "Edit Profile".

The Member warrants that he/she is the sole and unrestricted owner of the rights to the content as stated in clause 10 and that he/she has not made any disposition contrary to this transfer of rights.

11. Liability

As the operator, Warwick merely provides a platform and thus the technical equipment to enable the exchange of goods and communication between Members. Warwick is not involved in the contracts concluded via the Platform, neither as a contractual partner of a Member nor as a representative or vicarious agent or in any other way. Warwick therefore accepts no liability whatsoever for any damage relating to the contractual relationship between the Members. Warwick is also not liable for cases in which the conclusion of a contract or the execution thereof cannot be implemented or cannot be completely implemented due to a temporary suspension of a Member. Warwick is also not liable for the consequences of limited availability and any resulting effects on the conclusion of the contract.

Warwick accepts no liability for the accuracy, timeliness, completeness or quality of the content published by its Members. Warwick also does not adopt this third-party content as its own.

The users of the Platform have no right to have complaints against other Members heard and processed or to mediation, arbitration or advice in cases of dispute or fraud between them.

Warwick is fully liable to Members for damages resulting from injury to life, limb or health, as well as for damages resulting from intentional or grossly negligent breach of duty by Warwick or its legal representatives or agents. Warwick's liability is also unlimited in the event of fraudulent intent, damages under the Product Liability Act and in the event of the assumption of a guarantee. In the event of a slightly negligent breach of material contractual obligations, Warwick's liability is limited to the amount of damages typically foreseeable under such contracts.

In all other cases, liability for slight negligence shall be excluded.

12. Indemnity

The Member shall indemnify Warwick against all claims made against Warwick by other Members or other third parties for infringement of their rights by offers and content posted by the Member. The Member shall bear the costs of the necessary legal defence of Warwick, including all court costs and lawyers' fees at the statutory rate.

This shall not apply if the Member is not responsible for the infringement. The Member undertakes to immediately, truthfully and completely provide Warwick with all information required for the examination of claims and for a legal defence in the event of a claim by third parties.

13. Collection of Personal Data

The collection and further processing of personal data by Warwick is carried out in accordance with the applicable privacy policy. This privacy policy can be found on the Internet at http://www.warwick.de.

The privacy policy is an integral part of the subject of the contract.

14. Final Provisions

The contract and the use of the platform shall be governed by German law to the exclusion of its conflict-of-law provisions and to the exclusion of the UN Convention on Contracts for the International Sale of Goods. All declarations made in the context of the user agreement to be concluded with Warwick must be made in text form or by e-mail.

The postal address is:

Warwick GmbH & Co. Musical Equipment KG

Gewerbepark 46

08258 Markneukirchen

E-Mail: info@Warwick.de

The Member's delivery address shall be the e-mail address provided by the Member in his/her contact details.

These GTCS are valid from the date of their publication on the Platform and, with regard to each individual user, from the moment when the user confirms the GTCS by registering on the Platform or by declaring his/her agreement. Warwick reserves the right to amend these GTCS at any time and without giving reasons. The Member will be notified of the amended GTCS by e-mail or other suitable means at least four weeks before they come into force. If the Member does not object to the validity of the new GTCS within four weeks of receipt of the e-mail or after a reasonable period of time, the amended GTCS shall be deemed to have been accepted. Warwick will separately inform the Member of the significance of this four-week period in the e-mail containing the amended GTCS. This assumed consent does not apply to a change to these GTCS that affects the main service under the contract if this would result in an unfavourable imbalance between service and consideration to the detriment of the user.