General Trading Conditions 

Terms and Conditions for use of the German Kouro.de - Kouro.eu - Website

and all associated sub-domains

 

Terms and conditions of Kouro.de
The terms also apply when you use the Kouro site or portions thereof from other sites that allow access to Kouro site fully or partially. They also identify the key principles that apply to the use of all marketplace sites that are operated by companies Kouro. Where a member of one of these sites, it must be previously familiar with the terms applicable to this site and observe the use.
These terms are effective for all at Kouro.de and Kouro.eu registered members with effect from 1 March, signed 2010, at 1 March 2010 in force. For all members who have previously registered, these terms apply from the date on which they are registered under your agreement to these Terms.
If you act as a consumer in terms of legal provisions, you may withdraw your consent to these terms and conditions and the resulting usage contract within one month after your consent in writing.
Write this to the Disclaimer the address, or send an e-mail to customer service support@kouro.de !
To comply with it, that you send your cancellation in time. If the withdrawal is explained in due time, you are either in the license agreement nor to your consent to be bound by these Terms. Your right of withdrawal expires prematurely if the contract is fulfilled by both parties at your explicit request before you have exercised your right of cancellation.

General provisions
§1 Specifications
§2 Registration and Account
§3 The subject and scope of the license agreement
§4 Penalties, suspension and termination
§5 Listing fees, additional fees, commissions and expense allowances
§6 Rating system and trust symbols
§7 Prohibited articles and content
§8 General principles
§9 Buying formats and general rules
§10 Auction, auction with Buy It Now option, multi-auction and offer Second Chance Offer
§11 Buy It Now items (Fixed Price) and "Immediate Payment Required"
                           
Final Provisions
§12 Exercise of rights by third parties, contract acquisition
§13 Exemption
§14 System integrity and disruption of Kouro website
§15 Limitation of Liability

General provisions

§1 Specifications
1.The Kouro site is a marketplace where the natural and legal persons and companies which have registered an account(according to the following: "Member"), goods and services of all kinds(Article below) are offered, sold and purchased may be, if their offer, sale or acquisition does not violate any laws or these GTC. Kouro itself offers no product that does not make any bids and will not receive bids and assumptions. Kouro itself is not a party to the closed only between the members of this marketplace contracts. The fulfillment of these closed on Kouro-site contracts are solely between the members.

2.Kouro advertises Kouro marketplace itself and also provides third party for this purpose an access to data and information of the items offered to enable them to apply the articles on their websites, in software applications and in e-mails.

3.The Kouro Web site offers members the technical ability of the Kouro provided the framework to use the Kouro site to self-publish content. For publishing content on the Web site Kouro the principle of members for any website. ON THE Kouro website content published by members of Kouro not checked thoroughly, and do not publish the views of Kouro dar. content Kouro members on the site can also Kouro Kouro to other companies to present to pass on its website .

4.The offers and content of members can also be found on the Kouro sites of other countries. Certain sections of a bid can be translated for this purpose

5.Kouro has the right to edit, offers and content to members so technically, prepare and adapt it so that they can be represented by third parties on mobile devices or software applications. The members are responsible to consult before a decision to purchase the full content of an advertisement on the Web site Kouro if the bid or contract on a mobile device or software application is a third-party.

6.A review of filings with the registration data Kouro leads by only very limited, since the identification of persons on the internet is possible. Despite various security measures, it is therefore not excluded that were stored for a member account false contact. Each member is responsible to verify the identity of their own, therefore the contractor.

7.On the Web site published Kouro offers and content of members are generally not subject to review by Kouro their legality, correctness and completeness.

§2 Registration and Account

1.The use of tele-services Kouro site requires registration as a member. Registration is free. It takes place by opening of an account with the approval including to these Terms. With registration comes between Kouro and the member has a contract to use the Kouro Web site(the use of contract) A right to enter into a license agreement does not exist.

2.Registration is only legal persons, partnerships and unlimited legal capacity of natural persons permitted. In particular, minors can not sign in Kouro.

3.Those of Kouro at registration requested data completely and correctly, eg Full name, current address (no PO Box) and phone number (no value-added service number), a valid e-mail address and, where appropriate, the Company and a duly authorized.

4.Registration of a legal person may be made only by an authorized individual who must be named. When registering, individuals may only be specified as the owner of the account (ie no couples or families).

5.If after the notification, the data provided, the Member is itself obliged to correct the information in their membership account immediately.

6.When registering members choose a username and password. The member must not consist of an e-mail or Internet address, not rights of others - hurt and do not offend against good manners - no particular name or trademark.

7.Members must keep their password secret and secure access to your account carefully. Members are obliged to inform Kouro immediately if there is evidence that an account has been misused by third parties.

8.Kouro will not disclose the password of a member to third parties and never ask a member via e-mail or phone for a password.

9.Members are liable for all activities that occur under your account. If the member is the misuse of their membership account not represented because not a violation of the existing duty of care exists, the member shall not be liable.

10.Members are liable for all activities that occur under your account. If the member is the misuse of their membership account not represented because not a violation of the existing duty of care exists, the member shall not be liable.

11.An account is not transferable.

12.Kouro reserves the right to delete member accounts from incomplete registrations carried out after a reasonable time.

§3 The subject and scope of the license agreement

1.Kouro to members Kouro the site with the functions described in § 1 are available. Kouro, the use of Kouro Web site or individual functions of Kouro Web site or the scope, establish in the individual functions and services can be used to certain conditions, such as Examination of credentials, membership duration, number of positive reviews, public evaluation profile, use the start time of planning or purchasing and payment documents.

2.Kouro reserves despite no existing legal obligation the right to introduce measures to delay the publication of offers and content on the Web site Kouro for security reasons.

3.The right of members to use the site and its functions Kouro only in the context of the current state of the art. Kouro limited its services at times when this is in terms of capacity limits, the security or integrity of the server or to the implementation of technical measures is required, and this is the proper or improved provision of services (maintenance). Kouro considered in these cases, the legitimate interests of the members, as examined by advance information. § 15 of these Terms shall not be affected by this provision.

4.Disabled If an unforeseen system failure, the submission of bids, the Buy It Now or other functions, such information will be published as a system-News. With regard to a credit of fees for the affected services and an extension of these services, the principle applies to system failures.

5.To in § 3 para 3 above maintenance, the provision in § 3 paragraph 4 is not applied. Deals that end during such maintenance is not prolonged, although the bidding or buying during this time is not possible. Credit for fees are not granted.

§4 Penalties, suspension and termination

1.Kouro can take the following measures if there is sufficient indication that a member of statutory provisions, the rights of third parties or Kouro-TOS or if Kouro has a legitimate interest, in particular to protect members from fraudulent activity:
- Deleting offers or other content
- Warning of members
- Limit or restrict the use of Kouro Marketplace
- Temporary closure
- Permanent suspension
The choice of a measure takes into account the legitimate interests Kouro of the member concerned, in particular whether there is evidence that the member has not caused the violation.

2.Kouro can exclude a member from using the Web site Kouro (final stop) when it

- obtained in the evaluation system in accordance with § 6 of repeated negative assessments and closure to safeguard the interests of other market participants is required.

- false contact data has shown, particularly a false or invalid email address.

- their membership account transfers.

- other Kouro - Members Kouro or damaged significantly, particularly abused Kouro services.

- another important reason.
Once a member has been permanently blocked, are not entitled to recovery of the blocked account or the guest profile.

3.Once a member has been locked, that Member must Kouro the site with other member accounts no longer use and do not register again.

4.Members may terminate this Agreement at any time. For the termination notice a written notice to the contractor or an e-mail to customer service

5.Kouro can use the contract at any time with a notice period of 14 days to the end of the month. The right to block remains unaffected.

§5 Listing fees, additional fees, commissions and expense allowances

1.The registration as a member of Kouro is free. Kouro does not charge for the submission of bids and acceptances or for the purchase of items.

2.For the provision of articles Kouro rises from the supplier a listing fee. Depending on the configuration of the offer or advertisement of the provider has to pay additional fees for additional options. If, on the Web site Kouro to contract with another member is to the benefit of Kouro a commission which is to be paid by the advertiser. Kouro continues to charge fees for the use of various services, functions and tools that Kouro members provides. The amount of each fee and commission based on the current fee structure.

3.The various fees and commissions are payable immediately and can be paid via the payment methods offered by Kouro, in particular credit card or direct debit. Fees charged for the use of a permanent capacity, eg, for sales managers made in advance for the fees stated in the current period into account. Should the debt recovery is unsuccessful, the member Kouro to reimburse the additional costs incurred to the extent it is responsible for the failure.

4.Kouro sent to members by e-mail invoices to the registered e-mail address.

5.Members come without warning after a lapse of 30 days of notification of the invoice amount in the seller's account in arrears.

6.Party is credited with the sales commission, under certain conditions. Any other refund claims do not exist.

7.Members may set off against Kouro fees and / or commissions with Kouro debts not yet due and credits earned and / or future claims unless these claims legally established or are undisputed.

8.Providers are prohibited to circumvent the fee structure Kouro.

9.Kouro reserves the right for the cancellation of offers or content, or for barring members for violating the terms of an administration fee to be calculated, if the member the violation is responsible, unless the member can prove that a damage did not or were considerably lower. Likewise, Kouro charge for the re-activation of a suspended member account for a fee. The amount of the administration fee, please refer to the current fee structure.

10.Kouro may change the fees at any time. Price changes will be communicated to the members in good time before the entry into force on the Kouro site.

§6 Rating system and trust symbols

1.Kouro The website allows members to evaluate each other after a transaction. There is also the possibility that members rate other members published content to determine whether they are helpful, relevant or useful. The reviews are not reviewed by Kouro and may be inaccurate or misleading

2.Members are required to make in the posted ratings only accurate information and comply with the law. The votes of members of evaluations must be objective and must not contain defamatory criticism.

3.Any use of the evaluation system, the purpose of the evaluation system is contrary shall be prohibited. In particular, it is prohibited:
  - give inaccurate ratings.
  - Opinions about themselves make or arrange through third parties.
  - to incorporate ratings in circumstances that are unrelated to the settlement of the underlying contract work.
  - to use ratings for a purpose other than trading on the Kouro marketplace.

4.For the removal of reviews of the principles apply to the withdrawal and removal of reviews.

5.The marks awarded by Kouro symbols such as the Verified Member solely intended to facilitate trade on the Kouro site. They may only be used for these purposes.

6.On the supply side may no rating symbols, signs or other warranty symbols are used by third parties which are intended to strengthen the impression of the reliability of members and by such third parties for the classification and valuation are provided, unless authorized Kouro such symbols.

§7 Prohibited articles and content

1.It is prohibited articles, the offer, sale or acquisition of any laws, third party rights or against the morality of offering to Kouro ads or search for it to give up. For some items, certain terms and conditions for the sale are met. In some cases Kouro reserves the right to stringent than the laws to be.

2.It is prohibited to publish on the Web site Kouro content that violate any laws, third party rights or good morals.

§8 General principles

1.Members are obliged to follow when using the Web site and other services Kouro Kouro of applicable laws. It is the sole responsibility of each member to ensure that its services or content is legal and not violate any rights of third parties.

2.Members are responsible to the website and the Kouro-Kouro of stored information it to archive for purposes of evidence, accounting need, etc., on an independent Kouro storage medium.

3.Members may address, contact details and e-mail addresses they have obtained through the use of Kouro market place, in use for any purpose other than for the pre-contractual and communication. In particular, it is prohibited to sell these data or to use them for commercial advertising, unless the member concerned has expressly agreed to this before.

4.Kouro reserves the right to change its principles in order on the market place, as far as the members, taking into account the legitimate interests of Kouro is reasonable.

§9 Buying formats and general rules

1.Kouro provides its members with a variety of formats and offer functions to the effective Marketplace Kouro enter into contracts or to find interested parties for them Items.

2.If, on the Kouro site in a contract concluded between members, Kouro notify the parties to the mutual contact with the necessary data.

3.Providers must comply with the Kouro principles for the provision of references. You need to enter their courses into the appropriate category and describe their offerings with words and images, correct and complete. Provided that all the buying decision essential properties and characteristics as well as errors that reduce the value of the goods offered, be truthful. Also must have the details of payment and delivery are fully informed.

4.Providers must be able to transfer the goods offered to the buyer immediately after the contract. Exceptions to this requirement, see the principle for delivery time.

5.Companies that offer goods or services to consumers, are obliged to give them the statutory consumer protection information and they have the legal right of withdrawal or return to teach, where one exists.

6.The description and the pictures used here may not infringe rights of third parties, and must strictly relate to the listed items. Advertising not offered on Kouro goods is prohibited.

7.The admissibility of links in a proposal is permitted only in rare cases and may be be clarified in advance with Kouro.

8.The price of each offer is the final price including any applicable sales tax and other price components. The sale price does not include Shipping Costs.

9.Providers are not allowed, in addition to the purchase price Kouro fees, PayPal fees and / or commissions to pass on to buyers and demand from them.

10.It is forbidden to members to manipulate the search function of the Kouro site, eg by unfair trade name or other keywords in the title or description to be inserted.

11.Providers who hire a firm offer on the Kouro site may only cancel bids and withdraw the offer if they are legally entitled to do so.

12.For offers on the marketplace Kouro official Kouro time is relevant.

13.If such an offer before the auction or before the offer was acquired by Buy deleted from Kouro no effective contract is concluded.

§10 Auction, auction with Buy It Now option, multi-auction and offer Second Chance Offer

1.Where a vendor, the Web site Kouro an article in the auction listing format, he gives a binding offer to conclude a contract on this item. Having determined the supplier has a starting price and a deadline (offer period) within which the offer may be accepted by bid. The bidder accepts the offer by placing a bid on the bidding function. The bid expires, if another bidder during the offer period a higher bid. At the end of the auction or early termination of the offer by the vendor is concluded between the provider and the highest bidder, a contract to purchase the item, unless the provider was legally entitled to withdraw the offer and present the bids to be deleted.After a legitimate withdrawal of a bid is made between the member after the auction due to the withdrawal of a bid is again the highest bidder and the seller no contract. Providers and the highest bidder may agree that a contract is concluded.

2.Each bidder may submit a maximum bid at auction. The maximum bid is the maximum amount that the bidder is willing to pay for the item. The maximum bid remains hidden from other bidders and the seller. Provide additional members to the article, then gradually increase the current bid automatically, so that the bidders remains the highest bidder was outbid until his maximum bid of another member. Learn more.

3.Provider can set an auction under certain conditions, a minimum price which differs from the starting price. In this case, a final contract is not concluded, if the bid of the highest bidder at the auction the reserve not met.

4.Offer under certain conditions also be provided with the option of Buy It Now (Fixed Price). In this case, an agreement on the purchase of the item regardless of the expiration of the offer period and without conducting an auction being held to Buy It Now price (fixed price) state when a member exercises the options. The option can be exercised by each member, as long as no bid has been received the bids on the item or a provider-specified minimum price have not yet been reached.

5.As long as an item is offered in an auction, a Member of the bidders who have bid on this item Sell an item of similar kind and quality only in the form of an on-site set Kouro offer, but not by other means, eg E-mail (removal of tenderers). This is true even beyond the listing period.

6.Members may not manipulate the course of an auction by making bids using another account or by targeted intervention of a third party. In particular, it is forbidden to the provider to deliver an even bidding on the set of his offers.

7.Bidder may withdraw a bid only if they are entitled to by law.

8.Providers have the opportunity to hold an auction as a multi-auction. In a multi-auction, an article in any quantity to be offered, which are all items of the same type and quality (eg size, color, pattern, brand, etc.).

9.The submission of bids by means of automated data processing (eg, so-called Sniper - programs) is forbidden.

10.In the event that the contracting process between providers and the highest bidder fails, the reserve price has not been reached or would like to sell the supplier more identical items, he can make the losing bidders on the Kouro system an offer in the format Buy It Now (eBay Second Chance Offer) . These need to receive such offers have been accepted.

§ 11 Buy It Now items (Fixed Price) and "Immediate Payment Required"

1.If a provider in an article listing format Buy one, he makes a binding offer to acquire that other members of the product for the stated price. The contract is concluded when a member of the "Buy Now" clicks and confirms the operation.

2.For Buy It Now items, vendors can provide that is required in the tender an immediate payment. The right to compensation arises while the buyer only after successful completion of the payment process.

Final Provisions
§ 12 Exercise of rights by third parties, contract acquisition

1.Kouro is entitled to transfer with a notice period of four weeks of its rights and obligations under this contract in whole or in part to a third party. In this case the member is entitled to terminate the license agreement by e-mail to customer service.

§ 13 Exemption

1.The member Kouro free of any claims made by other members or other third parties against Kouro for violation of their rights by the Member in the Kouro site listed offers and content or because of other use of the Kouro Web site (including that of his posted ratings). The member takes on the costs of legal defense of Kouro including all court costs and attorney fees, if any. This does not apply if the infringement is not the responsibility of the member. The member is obligated to Kouro in the event of a claim by a third party immediately, truthfully and completely with all the information necessary for the examination of claims and defenses.

§ 14 System integrity and disruption of Kouro site

1.Members may not use mechanisms, software or other scripts in connection with the use of Kouro site that can disrupt the functioning of Kouro site.

2.Members may not take any measures which are unreasonable or excessive load on the Kouro infrastructure may result.

3.Members may not block Kouro generated content, modify or override or interfere in any way interfere in the Kouro site.

4.The are stored on the Web site content Kouro without the prior permission of the copyright holder copied or distributed, nor used in any manner or copied. This also applies to copying by means of Robot / Crawler - search engine technologies or other automatic mechanisms.