I. General information
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 "Panterzone US" , (hereinafter referred to as the "Marketplace Operator") offers an electronic marketplace at https://panterzone.us, where traders based in the USA can sell their goods, services and holiday offers and post job advertisements which can be viewed and purchased by natural persons and legal entities (hereinafter referred to as "Users").
II. scope of application
If you use the marketplace as a consumer, a free usage contract is concluded between you and the marketplace operator. By agreeing to the terms and conditions of use and business and the data protection, the user enters into the contract of use with the marketplace operator.
The terms and conditions of use or terms and conditions of business apply to the legal relationship between the marketplace operator and the respective user (in short "usage contract") and thus to all current and future business transactions (communication, ordering, payment processing, etc.) with the marketplace operator, even if they are not referred to individually each time. Contract, order and business language is English.
III. instruction of revocation
The user has the possibility to revoke the contract of use without giving reasons. An informal e-mail to firstname.lastname@example.org or a message via the customer portal is sufficient for this purpose. The notification of the revocation will be processed within 14 days and the customer account will be deleted afterwards. Orders open at this time will extend the existence of the customer account accordingly.
IV. Description of services
The marketplace operator provides a marketplace where merchants have the possibility to offer for sale products, services and holiday offers and to post job advertisements. Users can purchase or accept goods, services or job offers on the marketplace platform.
Under no circumstances do the product advertisements posted represent offers of the marketplace operator. In connection with the purchase process, the marketplace operator is neither a broker nor a representative of the dealers, nor a seller of the products offered for sale on the marketplace. In the case of purchase contracts between traders or service providers and users, the general terms and conditions, cancellation policy and data protection regulations of the respective trader, service provider or accommodation company also apply.
The merchant alone is responsible for the content of the product advertising texts, the fulfilment of the statutory product labelling obligations, the mandatory statutory information and confirmation obligations in distance selling (with the exception of the order and dispatch confirmation generated by the marketplace and sent to the user), the obligation to inform about the statutory right of revocation and the content of its terms and conditions. In particular, the Merchant shall be liable for ensuring that the content is not illegal and does not violate the rights of third parties, in particular trademark, competition, copyright or personal rights.
The marketplace operator offers the user the opportunity to order the products and services offered by the dealer and to conclude purchase contracts with the dealer for these products (in short "purchase contract"), or to accept job offers. Only the placement of advertising for the products and the communication with the user in connection with the processing of an order is generated or forwarded by the marketplace operator. Furthermore, the Merchant is responsible for the entire purchase transaction.
The User has the possibility to register on the marketplace with a customer account. The registration is free of charge and enables the use of additional functions (e.g. order overview etc.).
A search agent is available to the User. He can sort and filter the search results according to various criteria (e.g. price, size, brand, distance etc.). If a user does not make a selection, the order of the search results depends on various factors (e.g. product name, offer format, price, brand, rating or promotions, etc.)
- Job advertisements
When applying for certain positions, the employer must be contacted directly. The employer is solely responsible for the information given in the job description. The marketplace operator is not obliged to check the accuracy of the job offers posted and accepts no liability for any infringements.
The marketplace operator endeavours to achieve the highest possible availability of its Internet services, but is entitled to temporarily restrict the availability of the marketplace and individual Internet services if this is necessary in view of capacity limits, the security or integrity of the servers, compliance with statutory regulations or for the implementation of technical measures (e.g. maintenance work). The user therefore has no claim to a certain availability of the marketplace.
Should an unforeseen system failure hinder the use of the marketplace, the users will be informed in an appropriate manner. The marketplace operator does not accept any liability arising from this. The marketplace operator does not guarantee that the internet services of the marketplace are compatible with the technical equipment of the users.
V. Conditions of use
5.1 Legal capacity and power of representation
The use of the marketplace by natural persons requires unrestricted legal capacity and the completion of the age of 18. The user confirms this by accepting all legal consequences of false statements by confirming these before completing the ordering process. Persons who have not yet reached the age of 18 are excluded from using the marketplace.
The marketplace does not offer products for purchase by minors. Products for children can only be purchased by adults.
Use by legal entities is subject to the legal and partnership agreement provisions on their power of representation.
5.2 User data and information duties
The data requested in connection with the use of the marketplace must be provided by the user completely and correctly. The specification of a value-added number as a reachable telephone number or a PO box as a billing address is not permitted.
If the data provided changes, the user is obliged to disclose the new data immediately or to update the information in his customer account without delay.
The marketplace operator is entitled but not obliged to check the correctness of the user data and is not liable for its correctness or completeness. For this purpose, the marketplace operator reserves the right to demand suitable proof of the data provided by the user (e.g. proof of identity etc.).
The user is obliged to keep his access data to the customer account (user name, password etc.) secret and to protect them from unauthorised access by third parties.
The user is liable for all damages incurred by him, third parties or the marketplace operator as a result of the lack of secrecy, the disclosure or passing on of his access data (e.g. via fake sites) or the (unauthorised) use of his computer or mobile devices.
The user must immediately notify the marketplace operator in writing at email@example.com of any - even suspected - unauthorised use of his access data or customer account.
The User is responsible for archiving the content generated by him/her and - in particular in the customer account area - stored on the website, which he/she requires for evidentiary, accounting or other purposes, on a storage medium independent of the marketplace.
Furthermore, the user is not permitted to ask, assist or authorise others to copy, modify or otherwise manipulate the protected software or parts thereof or to create derivative works thereof.
The use of the marketplace sometimes requires the use of other services of third parties (e.g. network operators or mobile phone providers) by the user. The use of such third party services is subject to separate conditions, the costs of which are borne by the user.
5.5 Improper use
5.6 Restrictions of use
The marketplace operator is entitled to make the use of the marketplace or individual functions dependent on certain conditions with regard to scope and content. These include, for example, the checking of registration data, age information, creditworthiness or the submission of certain proofs (e.g. proof of identity).
- Copyrights, neighbouring rights
All content and services that the marketplace operator enters and publishes on the marketplace website, such as images, graphics, texts, logos, layouts etc. are protected by copyright and the marketplace operator or third parties are entitled to the sole copyright and ancillary copyright. The user is not permitted to extract protected content himself or by instruction to third parties or to use it outside the website by copying, editing, distributing, publishing or making it publicly accessible and/or using it in any other way without the prior written consent of the rights owner.
The user is prohibited from extracting protected content in whole or in part. Without the express written consent of the marketplace operator and any third party rights holders, it is also forbidden to create and/or publish your own databases containing essential parts of the marketplace website (e.g. dealers, prices or product information).
The user is not permitted to ask, support or authorise other persons to extract protected content or parts thereof or to use or publish it outside the website.
VI. customer account
6.1 General information
The marketplace offers the user the opportunity to create a customer account on the marketplace by registering. The registration is free of charge and enables the user to order goods or services and to use job offers.
By registering the user and opening a customer account on the marketplace, a contractual relationship is established between the marketplace operator and the user for an indefinite period of time.
The customer account is automatically blocked if the user revokes the data protection declaration.
The user can terminate the contractual relationship at any time. This must be sent in writing to firstname.lastname@example.org.
The termination of the contractual relationship by the marketplace operator is sent by e-mail to the e-mail address provided by the user and is deemed to have been received with the confirmation of delivery.
A customer account will be processed within 14 days after receipt of the notice of termination. The processing of current transactions extends the processing period accordingly. It is the sole decision of the marketplace operator to continue to publish or delete the ratings posted by the user even after the customer account has been settled.
The marketplace operator reserves the right to delete customer accounts that do not yet have a completed registration process after 6 months.
There is no claim to the restoration of the blocked customer account or compensation. The marketplace operator is entitled to delete all data, content and information of the blocked user. Further claims of the marketplace operator remain unaffected.
VII. conclusion of contract, prices, payment, delivery
7.1 Offer and conclusion of contract
The product advertisements placed on the marketplace represent a non-binding offer by the dealer or service provider to the user to submit an offer to conclude a purchase contract. The User's offer to the Merchant is only binding for the Merchant from the time of its acceptance. The Dealer has the right to reject the User's offer within a reasonable period of time, especially if the goods are not available.
The marketplace operator does not act as a representative or intermediary of the Dealer with regard to the purchase contract to be concluded and the forwarding of communication. The marketplace operator is only responsible for the creation of order and transmission of dispatch confirmations in the name and on behalf of the merchant.
The User acknowledges that in addition to the usage or business conditions of the marketplace operator, the business conditions, data protection conditions and revocation conditions of the respective Merchant, which can be found on the respective profile page of the Merchant, also apply. Before completing the order process and the associated submission of his binding contractual declaration, the User accepts the terms and conditions of use and business, the data protection provisions, revocation instructions and any dealer conditions by clicking the corresponding check box.
After receipt of the order by the Marketplace Operator, the User will receive an order confirmation by e-mail to the e-mail address provided by the User, which contains detailed information on the product ordered as well as the total price including all additional costs. The marketplace operator issues the order confirmation to the User in the name and on behalf of the respective merchant. Upon receipt of the order confirmation, the purchase contract between the User and the respective dealer is concluded.
As soon as the ordered goods are dispatched, the User will receive a confirmation automatically generated by the marketplace operator that the ordered product has been dispatched to the address provided by the User (in short "dispatch confirmation"). The marketplace operator generates the dispatch confirmation in the name and on behalf of the respective merchant, whereby it 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.
7.2 Payment and invoicing
Merchant uses the payment service provider PayPal provided by the marketplace operator to process payments in relation to transactions carried out via the marketplace. The User hereby declares his express consent to the payment processing by the payment service provider on behalf of the Merchant.
The available payment methods are PayPal or credit card and may be limited. The user has no right to a specific payment method.
Upon payment, both the purchase price and the delivery and shipping costs invoiced by the Merchant shall be due for payment simultaneously with the sending of the order confirmation to the User.
The invoice is issued by the Dealer and is enclosed with the delivery in paper form or is sent electronically by e-mail to the e-mail address provided by the User or via the User's customer account on the marketplace.
The marketplace operator is not liable for the correctness and completeness of the invoice data. The sole liability for damages arising in connection with the invoice, including consequential damages and/or loss of profit, is borne by the merchant.
The sales prices stated for the respective products include applicable sales tax and other price components. Delivery, service and shipping costs are not included in the purchase price.
The delivery and shipping costs are displayed on the product page and are individually determined by the dealer.
The delivery of the products ordered by the user is made directly from the dealer to the user. Delivery is made to the delivery address provided by the user. The marketplace operator assumes no liability for faulty or failed deliveries.
The user acknowledges that all information provided via the marketplace regarding the dispatch or delivery of a product is only probable data and approximate guidelines. They do not represent binding or guaranteed dispatch or delivery dates unless this has been agreed separately in writing with the dealer.
7.5 Delivery confirmation
The user must confirm the delivery and satisfaction with the ordered goods in his customer account of the marketplace portal. If the confirmation is made before the end of the revocation period, it expires with this action. Only after the confirmation has been made will the amount paid by the Customer be released to the merchant, without confirmation by the Customer automatically after the end of the revocation period, taking into account the handover confirmation of the transport service provider.
7.6 Return of ordered goods / complaint / cancellation
Any returns or complaints and revocation will be handled exclusively by the dealers involved. The marketplace operator assumes no liability for this.
Users of the marketplace have the possibility to write reviews about the ordered products, services, holiday offers, job offers, the respective trader, service provider or accommodation business. Ratings must comply with the requirement of objectivity and may only contain truthful information. Furthermore, they may not be illegal, obscene, insulting, threatening or defamatory. Likewise, reviews may not invade the privacy of third parties or otherwise infringe their rights.
The distribution of any form of "spam" is not permitted. The marketplace operator reserves the right, but is not obliged, to check ratings and to prevent publication or to delete ratings. The marketplace operator assumes no liability for the legality and correctness of the rating or for the completeness of the picture drawn by a rating.
VIII. Liability and indemnity
8.1 Liability of the marketplace operator
The marketplace operator is neither a dealer of the products offered on the website nor does he act as a representative (the latter with the exception of the preparation of the order and dispatch confirmation), vicarious agent or broker for the purchase contracts concluded via the marketplace. With regard to the order and dispatch confirmation created by the marketplace operator, he acts in the name and on behalf of the dealer. The marketplace operator assumes no responsibility and shall not be liable for the content, correctness, completeness or up-to-dateness (including the availability of products) of the product advertisements generated by Dealer, nor for the creation, content, correctness, completeness or up-to-dateness of the order and dispatch confirmation and the notifications of delays and cancellations, nor for the fulfilment of the product labelling obligations or the information obligations of Dealer in electronic business transactions.
The marketplace operator is not liable for the conclusion or non-existence, nor for the fulfilment or enforceability of a purchase contract concluded with the merchant via the marketplace. The marketplace operator is also not liable for the products, services, holiday offers or job advertisements offered on the marketplace, neither for warranty, guarantee, nor for damages, product liability or other legal provisions - and is not obliged to obtain and pass on further information about the products offered.
With the exception of personal injury, the liability of the marketplace operator is limited to intent and gross negligence. Any further liability of the marketplace operator is excluded. In particular, the marketplace operator is not liable for atypical damages, indirect damages, loss of profit, consequential damages and financial losses or damages due to force majeure (e.g. strike, war, earthquake, environmental disasters).
The user declares to indemnify and hold the marketplace operator harmless with regard to any claims which other users or other third parties assert against the marketplace operator from a violation of rights in connection with the use of the marketplace by the user in or out of court, whether these are of a civil, public or criminal nature.
IX. Final provisions
Information that becomes known to the user in the course of the business relationship of the marketplace operator is subject to confidentiality. This does not include information that is generally known or otherwise publicly accessible. The user acknowledges that he/she is subject to this confidentiality obligation even after the termination of the contract.
9.2 Electronic commerce and communication, written form
By using the Internet services of the marketplace operator, the user declares his express consent to participate in electronic business transactions and expressly agrees to receive and legally accept legally relevant declarations and notifications in connection with the use of the marketplace by electronic means, in particular by e-mail to the e-mail address provided by the user or by publishing electronic messages or other notifications on the website in the customer account area.
All agreements, their amendments and declarations made or made within the framework of the usage agreement concluded with the marketplace operator and the business transactions with the marketplace operator based thereon must be in writing. Oral agreements and promises are not legally effective in the absence of written confirmation by the marketplace operator, unless mandatory legal provisions provide otherwise.
Information which becomes known to the user within the scope of the business relationship of the marketplace operator is subject to secrecy. Excluded is such information that is generally known to the public or otherwise publicly accessible. The user acknowledges that he is subject to this obligation of secrecy beyond the termination of the contract.
9.4 Right of amendment
9.5 Transfer of rights, vicarious agents and waiver of rights
The marketplace operator is entitled to use third parties to fulfil the contract and to exercise his rights. The marketplace operator is entitled to transfer all rights and obligations towards the user in connection with the operation of the marketplace in whole or in part to a third party. The transfer of rights and obligations or the assignment of claims of the user to third parties is not permitted without the prior express written consent of the marketplace operator.
9.6 Conciliation office
Requests for information, data information and complaints should be sent to the marketplace operator via the e-mail address email@example.com.
9.7 Place of performance, jurisdiction and applicable law
The place of performance is the registered office of the marketplace operator. The competent court is responsible for disputes. For all legal relations between the marketplace operator and the user of the marketplace, the law of the State of Florida applies, excluding all national and international referral standards and the UN Convention on Contracts for the International Sale of Goods.
9.8 Severability clause
Should one of the provisions of these terms and conditions of use and business be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions.
Status September 2020