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Dealer terms & conditions

General terms and conditions for dealers

 

I. General and scope of application

We operate the website at: https://panterzone.us, which is located in the USA, on behalf of Pantercon GmbH from Austria, the owner of the trademark Pantercon® and Panterzone® for the USA

We the "SWAM International North America Inc." (hereinafter referred to as the "Marketplace Operator") offers an online marketplace at https://panterzone.us, where traders, service providers, accommodation providers (hereinafter referred to as "Traders") can sell their goods, services and holiday offers and place job advertisements (hereinafter referred to as "Products"), which can be viewed and purchased by natural and legal persons (hereinafter referred to as "Customers" or "Users").

The use of the services offered is exclusively subject to these following General Terms and Conditions of Business and Contracts (in short: "GTC"). General terms and conditions or other unilateral declarations of the merchant do not become part of the contract. The GTC apply to the legal relationship between the marketplace operator and the merchant and thus to all current and future business transactions between both parties, even if they are not referred to individually each time. Business language is German. Communication is agreed in writing via e-mail or contact form.

By signing the order form or online conclusion, the aforementioned General Terms and Conditions are accepted and the usage agreement between the Dealer and the Marketplace Operator is deemed to have been concluded.

 

II Term and termination of the dealer use contract

2.1 Term of the dealer usage contract, maturity

The dealer usage contract is concluded for an indefinite period of time, the term is at least 12 months and is automatically extended by a further 12 months if the contract is not terminated in good time. The parties to the contract of use are entitled to terminate the contract of use with a period of notice of 3 months before the end of a running period.

The usage contract ends automatically if Merchant revokes the data protection declaration. Notice of termination must be given in writing by e-mail or to the address given in the imprint.

 

2.2 Closing access to the dealer portal

A merchant portal will be processed within 4 weeks after the end of the cancellation period, transactions still in progress will extend the processing period accordingly. The GTC and the data protection declaration are valid until the last transaction is completed.

The Marketplace Operator is entitled to use the Merchant's personal and business data for the duration of the processing and the transactions still in progress and to archive them thereafter for compliance with the statutory retention period.

 

III. Prerequisite for use

3.1 Dealer data

The merchant is obliged to provide complete and correct data (company, business address, tax number, general terms and conditions, imprint, cancellation policy, data protection declaration) within 14 days of submitting the request to open an account. If these data change, he is obliged to update them immediately. If he fails to do so, his dealer profile will be temporarily restricted until the missing data is subsequently submitted. The marketplace operator assumes no liability for missing or incorrect data of the trader. Neither e-mail addresses nor Internet or shop pages may be used for specified shop names. References to the company are only permitted in the obligatory imprint, general terms and conditions, data protection and revocation of the respective dealer.

The market operator reserves the right to reject dealers due to the lack of product variety.

 

3.2 Safety

The dealer is obliged to keep his access data to the dealer portal secret and to protect them from unauthorised access by third parties. Dealer has no claims whatsoever against the marketplace operator arising from the misuse of the marketplace by third parties.

 

3.3 Software

The marketplace operator is entitled to put the protected software out of operation without giving reasons, the merchant has no claims against the marketplace operator in this respect.

In order to use the marketplace, Merchant must use the services of third parties (e.g. network or mobile phone providers). The use is subject to the terms and conditions of these providers, the costs for this are to be borne by the Merchant.

 

3.4 Abusive use by the dealer

Any use of the marketplace that violates legal regulations, the General Terms and Conditions or ethics, as well as the reputation of the marketplace, which damages users, traders or third parties, is prohibited.

The dealer is prohibited from referring the user to his own website, web shop or other ordering options outside the marketplace, as well as from publishing advertising material in product mailings to the user, web links, watermarks in pictures, etc. Violations can lead to exclusion from the marketplace.

 

3.5 Assessment

Users of the marketplace can submit ratings for the products ordered and the dealers. Any improper use or manipulation of the rating system is prohibited. In particular, it is inadmissible to give ratings about oneself or have them given by third parties.

 

IV. Copyright and neighbouring rights

4.1 Copyrights and neighbouring rights of the Panterzone Marketplace Operator

The rights to the software for operating the marketplace belong to the marketplace operator or its licensors. Dealer may not sell, copy, lend, manipulate or otherwise grant rights to the protected software. Only the marketplace operator or third parties are entitled to copyrights and ancillary copyrights to all content and services published by the marketplace operator on the website. Neither the Merchant itself nor third parties commissioned by it may appropriate protected content or use it outside the Website without the prior written consent of the rights owners.

No copyrights and ancillary copyrights are transferred from the marketplace operator or third parties to the Merchant.

 

4.2 Copyright and neighbouring rights of the dealer

4.2 Copyrights and ancillary copyrights of the merchantWith the transmission of the contents for the product presentation, the merchant grants the marketplace operator the transferable right to use these contents during the entire term of the contract - in the area of the marketplace and for advertising for the marketplace and for the products offered on the marketplace - without restriction. The Merchant is obliged to obtain any necessary declaration of consent from a third party rights holder.

 

V. Product advertisements, service advertisements, travel offers, job advertisements

5.1 Content of product, service, travel and job advertisements

The products offered must be described correctly and completely in words and pictures and must contain all the characteristics that are essential for the user's decision to buy or accept. The dealer must assign the advertisement to the appropriate category. The marketplace operator reserves the right to change incorrect categorisations.

It is the responsibility of the merchant to fulfil the legal information and product labelling obligations, to inform the consumer about the (non-)existence of a legal right of withdrawal and to ensure that prices and labelling are in conformity with the law. Sales prices must include VAT and all other price components, but not delivery costs.

Neither fees from these GTC nor payment fees (e.g. for PayPal) may be added to the indicated sales prices. Furthermore, the merchant must provide correct and complete information on the payment and delivery terms.

It is prohibited to post or advertise products on the marketplace whose sale violates legal regulations or ethics or infringes the rights of third parties. As a matter of principle, the marketplace operator does not check the products and contents published on the marketplace for their legality and correctness and assumes no liability for this. He reserves the right to remove product advertisements or other content that violate legal regulations, ethics or the General Terms and Conditions of Business if he becomes aware of such content.

 

5.2 Product advertisements concerning medicines

If the trader offers non-prescription medicines on the marketplace, he is obliged to do so:

  •     inform the customer of the correct use of the medicine;
  •     list the service times for telephone advice in the dealer profile and provide advice free of charge;
  •     to name the responsible pharmacist and the responsible health authority in the imprint;
  •     to document the enquiries received;
  •     to fulfil the legal obligations regarding the dispatch and safety of medicines.

 

VI. fees, remuneration

6.1 User fee

The costs for using the marketplace vary depending on the plan. These vary according to the usage tariff and can be found in the price sheet on our website https://panterzone.us or in the order form. The chosen plan is payable for 12 months in advance.

 

6.2 Extra packages

In addition, various banner ads can be booked. The options and prices can be found on the price sheet on our website https://panterzone.us or on the order form. The packages can be booked from the 1st of the following month with a minimum term of 3 months and are not automatically extended.

 

6.3 Handling fee

For each sale, 10% of the invoice amount is charged as a handling fee, which includes transaction costs. Below a sales value of €10,- (excl. shipping) an additional 0,35 Cent will be charged. The fee is deducted directly from the purchase price refundable to the merchant.

A refund of the transaction fees - for whatever reason (e.g. cancellation by the customer) - is excluded. Invoices for settled settlement fees are issued at the end of each month.

 

6.4 Payment of the purchase price

Die Vergütung des Kaufpreises erfolgt erst nach Ablauf der Widerrufsfrist und Prüfung der Übergabebestätigung des Transportdienstleisters. Der Kunde kann die ordnungsgemäße Lieferung vorab im Kundenkonto bestätigen, dabei erlischt das Widerrufsrecht und der Kaufpreis wird dem Händler vergütet. Überweisungen auf ein Bankkonto erfolgen aus organisatorischen- und kostentechnischen Gründen ab einer Gesamtsumme von €50,--.

 

6.5 Cancellation period

The cancellation period is 7 days from conclusion of the contract of use and is free of charge within this period. If the contractual relationship is cancelled within 30 days, 50% of the annual usage fee is due, and in the event of cancellation within 30 days of conclusion of the contract, 100% of the annual usage fee.

 

VII. mandate, liability and exemption of the marketplace operator

7.1 Liability

The marketplace operator is neither a dealer of the products offered on the website nor does he act as an agent or broker for the purchase contracts concluded via the marketplace.

The order confirmation is issued by the marketplace operator on behalf of the dealer. He assumes no responsibility for the content, correctness, completeness and topicality of the advertisements created by the Dealer. He also accepts no responsibility for the correctness of the order and dispatch confirmation, invoices, enforceability of the purchase contract and all situations that may arise from the transaction between the dealer and the customer.

The liability of the marketplace operator, its legal representatives or its vicarious agents is excluded outside the legally permissible scope.

In particular, the marketplace operator is not responsible and assumes no liability for:

  •     the availability of the marketplace;
  •     the compatibility of the internet service with the hardware or software of the merchant as well as any damages resulting from this;
  •     the completeness, accuracy or topicality of data, content, information or evaluations;
  •     the success of a product advertisement or an advertisement insertion;
  •     damage resulting from the loss of content, information or data;
  •     damage caused by the misuse of the transmitted data by third parties;
  •     damage due to input errors or errors in data processing;
  •     damage due to possible infringements of rights.

The marketplace operator is not liable for damages caused by slight negligence, atypical or indirect damages, loss of profit, consequential and financial losses or damages caused by force majeure.

 

7.2 Exemption of the market place operator

The merchant shall indemnify and hold harmless the marketplace operator from and against all claims and actions or third parties which they assert against the marketplace operator, either in or out of court, for any infringement of rights in connection with the use of the marketplace by the merchant. In such cases, the merchant shall bear the costs, including all court and legal fees.

 

VIII. Data protection

8.1 General information

By using the marketplace, Merchant accepts the following data protection provisions of the marketplace operator and declares its express consent to the collection, use, disclosure, storage and protection of its personal and business data. The Merchant acknowledges that information, data, documents, business and trade secrets etc. are subject to the protection of personal and business data. Only information which is expressly made available to the marketplace operator under the condition of secrecy, which is marked with the clearly visible note "confidential" and which is not already publicly known or accessible, is to be kept secret. Excepted from this are legal obligations or the avoidance of damage to third parties (e.g. danger or occurrence of insolvency).

 

8.2 Use of data

The Merchant gives his express consent that the data, content and information provided by him and all content published when using the marketplace may be stored, processed, used and evaluated by the marketplace operator for his Internet services. The marketplace operator protects the stored data in accordance with the legal provisions and the state of the art. He is not liable for illegal interventions by third parties.

 

8.3 Transfer of data

By concluding the usage agreement, the Merchant agrees that the Marketplace Operator may use third parties both in the provision of its Internet services and in the processing of data, subject to compliance with the statutory data protection provisions, and grants the Marketplace Operator its consent to the transfer of data to third parties for these purposes. The third party to whom the data is passed on is contractually obliged to comply with the data protection regulations. The marketplace operator has no legal influence on third parties' compliance with the data protection regulations, but will try to prevent misuse of the transmitted data within the scope of its economically justifiable possibilities. The marketplace operator is not liable for misuse by this third party.

The Marketplace Operator reserves the right to publish the evaluation data submitted by end users in search engines, portals and social communities itself or through third parties.

In addition, the Merchant expressly agrees that his data may be passed on: to government bodies such as the police, courts, authorities, protective associations or other institutions authorised in accordance with §14 UGB to investigate illegal activities of the Merchant or the content disseminated by the Merchant and to credit protection associations and officially authorised credit institutions for the purpose of credit assessment.

 

8.4 Revocation of consent

The dealer is entitled to revoke his consent to the use and disclosure of his data at any time in writing by e-mail to info@panterzone.us or by post to the address given in the imprint. The revocation has no influence on the processing of pending orders. The receipt of the revocation notice leads to the termination of the contract of use without notice and to the blocking of access to the dealer portal.

In case of revocation within 7 days after conclusion of the contract, the usage fee will be reimbursed at 100%, within 30 days at 50%. The usage fee will not be refunded under any circumstances if the revocation takes place later than 30 days after conclusion of the usage contract.

 

IX. Conditions for the conclusion of contracts with users

9.1 Offer, conclusion of contract

The dealer is obliged to provide the customer with his general terms and conditions, data protection conditions and revocation instructions before the conclusion of the purchase contract. The marketplace operator sends an order confirmation to the user in the name and on behalf of the respective merchant, but does not become a contractual partner at any time and is not liable for the (non-) conclusion of a contract or for material or legal defects of the ordered product. All claims arising from the (non-) conclusion of a sales contract must therefore be asserted by the user exclusively against the dealer.

 

9.2 Delivery

The Merchant is obliged to keep the offered products available or to keep the offers up to date and to report to the Market Place Operator immediately as soon as he/she becomes aware of any dispatch or delay in delivery and to initiate the dispatch process immediately after receiving the electronic, written information from the Payment Service Provider.

He shall provide the marketplace operator with relevant information (e.g. consignment number) for the creation of the dispatch confirmation. The marketplace operator sends the dispatch confirmation in the name and on behalf of the respective merchant to the user or to his electronic user profile, whereby he does not check the content.

If an order is dispatched in several partial deliveries, the user will receive a separate dispatch confirmation for each partial delivery. If orders are delivered in partial deliveries at the initiative of the Dealer, the Dealer is not entitled to charge further shipping costs for partial deliveries.

The further terms of delivery for the User are regulated in the Dealer's terms and conditions.


9.3 Revocation by the buyer

The customer, who is to be qualified as a consumer within the meaning of the Consumer Protection Act, has the statutory right to withdraw from the purchase contract without stating reasons within 14 days of the day on which he or an authorised third party takes possession of an ordered product (in short "right of withdrawal"). The legally binding provision of the sample revocation form is the responsibility of the dealer. He is solely responsible for the fulfilment of all pre-contractual information and provision obligations. The revocation is handled directly by the dealer. The marketplace operator assumes no liability whatsoever.

 

9.4 Warranty, guarantee, compensation, return of goods/complaints

Warranty, guarantee or compensation claims of the user arising from the purchase contract with regard to the products purchased via the marketplace or from the breach of the associated legal or contractual obligations (e.g. product liability, labelling etc.) as well as returns of goods and complaints are to be handled by the dealer. The marketplace operator assumes no liability whatsoever.

 

X. Final provisions

10.1 Confidentiality

Information that becomes known to the trader in the course of the business relationship with the marketplace operator is subject to confidentiality. This does not include information that is generally known or publicly accessible. The trader acknowledges that this obligation of confidentiality shall continue to apply beyond the termination of the contract.

 

10.2 Right of amendment

The marketplace operator reserves the right to change these terms and conditions as well as the website and the scope of services of the marketplace at any time, even without stating reasons. The changed conditions will be sent to the merchant by e-mail at least four weeks before they come into effect. If the Merchant does not object to the amended terms and conditions within two weeks of receipt of the e-mail, the amended terms and conditions shall be deemed accepted. An objection shall dissolve the contractual relationship between the Merchant and the Marketplace Operator with immediate effect.

 

10.3 Severability clause

Should one of the provisions of these General Terms and Conditions be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions.

 

10.4 Place of performance, jurisdiction and applicable law

The place of performance is the registered office of the marketplace operator. For all disputes arising from the contract of use and business transactions with the marketplace operator, the competent court of law shall apply. The law of the State of Florida applies to all legal relationships between the marketplace operator and the merchant. The UN Convention on Contracts for the International Sale of Goods and all foreign rights are excluded.

 

Status September 2020

 

 

 

 

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