Terms and Conditions

1. Scope
a. These General Terms of Use apply to the contracts that users enter into via the website www.dakostock.com (hereinafter "Website") in order to purchase content offered there by third parties.
b. Certain functions of the website can only be used after acceptance of these contractual conditions as part of a registration. A user contract between provider and user comes about through registration on the website.
c. The operator of the website and thus the contractual partner of the users is DAKOCON GmbH, Stubenwald-Allee 21a, 64625 Bensheim, (hereinafter "provider").
i.e. Other contractual conditions of the seller do not apply unless the provider expressly agrees to them.
e. These terms and conditions apply exclusively to sellers who have reached the age of 18.

2. Subject of the contract
a. The website sees itself as an online marketplace for digital products. Sellers can do this
publish corresponding sales offers on the website. If interested, users can then conclude a purchase contract with the seller via the website. The purchase of digital content is therefore only reserved for sellers who have registered on the website.
b. Buyers can be private individuals and entrepreneurs.
c. The provider endeavors to constantly develop, maintain and make the website available
place. The website's offer is continuously developed and adapted to various factors, such as market requirements and the technical and economic situation after proper consideration. Therefore, the offer includes the website in the current stage of development. However, the users have no right to the content and scope of the offer remaining unchanged or to having certain functions. There is also no claim that the offer is always accessible and available and that it works correctly.

3. costs
a. Registration is free for users.
b. There are also no costs for the user if a product is purchased via the
site.

4. User Obligations
a. When registering on the website, users are obliged to truthfully and correctly fill in all the fields provided in the registration form. Successful registration is only possible if the mandatory fields are completely filled out.
b. Users may not take any actions that could result in an unreasonable or excessive burden for other users, the website or the provider.
c. Users are also not permitted to circumvent the website, for example by purchasing items offered outside of the website, in order to avoid the seller's obligation to pay commission in favor of the provider.
i.e. Users may only be registered with one account on the Website at a time. If a user has lost his registration data, he undertakes to contact the provider immediately.
e. Selling or transferring the member account to a third party is not permitted. This also applies to the use of a member account by third parties.

5. Contracts between users
a. The provider is neither a party nor a vicarious agent of the contract that the user concludes with a seller. The fulfillment of the contract and the processing of the contract take place exclusively between the user and the seller. The conditions of the seller apply exclusively to the respective purchase contract.
b. The provider has no influence on the behavior of other users. The provider cannot influence whether contractual obligations of the contracts between the users are fulfilled or whether a sales offer is successful.

6. Transfer of Use Rights when Selling Products
a. When posting offers for sale on the website, sellers must determine which rights are to be transferred with the sale.
b. Sellers can choose between two models, which are binding for the user:

7. Suspension of Member Accounts
a. The provider exercises the domiciliary rights via the website. In the event of violations of these conditions, laws and/or other rules published on the website, the provider can temporarily or permanently exclude users from using the website without warning and ban the user from entering the home.
b. The users allow the provider to delete or block their user accounts, sales campaigns and functions at any time.

8. Liability under telemedia law, limitation of liability
a. Users acknowledge that the Provider assumes no responsibility for the content that the Provider did not create on the website or that the Provider did not take note of.
b. With the exception of injury to life, limb and health and the breach of essential contractual obligations (cardinal obligations), the provider is only liable for damages that are attributable to intentional or grossly negligent behavior. This also applies to indirect consequential damages such as lost profits in particular.
c. The limitation of liability in these conditions also applies to the benefit of the provider's employees and vicarious agents.
i.e. Claims for liability based on mandatory national law remain unaffected.

9. Modification of these contract terms
a. The provider is entitled to change these general terms and conditions. The adjustment will only be made if there are valid and factual reasons and if it will not disturb the contractual balance between the user and the provider. Such reasons can be, for example, legal and technical changes, experience with user behavior or unintentional gaps in the clauses. The change will be communicated to users by email and/or at the next visit to the website.
b. The user is allowed to be inconsistent with the new changes. In the event of an objection, the provider reserves the right to terminate the contractual relationship between the provider and the user with immediate effect.
c. The changes are considered accepted and binding if the users have not objected to the changes within 14 days.

10. Final Provisions
a. German law shall apply to this contract, excluding international private law (IPR) and the UN Sales Convention (CISG), insofar as there are no mandatory regulations to the contrary.
b. The contract language is German, unless there are any mandatory regulations to the contrary.
c. Place of jurisdiction and place of performance is the company headquarters of the provider, insofar as none
contrary to mandatory regulations.
i.e. If individual provisions of this contract should be ineffective or if the contract has gaps
contains, this does not affect the effectiveness of the remaining provisions of the contract. In place of the ineffective provision, an appropriate regulation shall apply that comes closest to the meaning and purpose of the ineffective clause in economic terms. The same applies to the filling of gaps.

1. Scope
a. These General Terms of Use apply to the contracts that users enter into via the website www.dakostock.com (hereinafter "Website") in order to offer content there for sale to third parties. Users are therefore hereinafter referred to as "seller".
b. Certain functions of the website can only be used after acceptance of these contractual conditions as part of a registration. A user contract between provider and seller comes about through registration on the website.
c. The operator of the website and thus the seller's contractual partner is DAKOCON GmbH, Stubenwald-Allee 21a, 64625 Bensheim, (hereinafter referred to as "supplier").
i.e. Other contractual conditions of the seller do not apply unless the provider expressly agrees to them.
e. These terms and conditions apply exclusively to sellers who have reached the age of 18.

2. Subject of the contract
a. The website sees itself as an online marketplace for digital products. For this purpose, sellers can publish corresponding sales offers on the website. If interested, other users can then conclude a purchase contract with the seller via the website. The sale of digital content is therefore only reserved for sellers who have registered on the website.
b. The provider reserves the right to check offers and to reject them without giving reasons. This is for quality assurance and compliance with website standards.
c. The provider endeavors to constantly develop, maintain and make the website available. The website's offer is continuously developed and adapted to various factors, such as market requirements and the technical and economic situation after proper consideration. Therefore, the offer includes the website in the current stage of development. However, the sellers are not entitled to the content and scope of the offer remaining unchanged or to having certain functions. There is also no claim that the offer is always accessible and available and that it works correctly.

3. costs
Registration is free for sellers.
Sellers who offer products on the website will incur costs if a seller and a user enter into a purchase agreement for products that have been placed. In this case, the provider is entitled to commission, which is to be borne by the seller. The specific amount of the commission will be communicated to the seller in advance. The costs arise regardless of a possible cancellation by the buyer or any other reversal of the purchase contract.

4. Sellers' Obligations
a. When registering on the website, sellers are obliged to truthfully and correctly fill in all the fields provided in the registration form. Successful registration is only possible if the mandatory fields are completely filled out.
b. The Sellers may not take any action that could result in an unreasonable or excessive burden on other users, the Website or the Provider.
c. The seller is also not permitted to circumvent the website, for example by purchasing offered products outside of the website, in order to avoid the seller's commission obligation in favor of the provider.
i.e. Sellers may only be registered with one account on the Site at a time. If a seller has lost his registration data, he undertakes to contact the provider immediately.
e. Selling or transferring the member account to a third party is not permitted. This also applies to the use of a member account by third parties.

5. Sellers Obligations, Payment Processing
a. Sellers undertake to comply with applicable law. Solely the seller is responsible for the legal requirements of his offer. He undertakes to comply with and fulfill all legal requirements in his sales offer. This applies in particular to mandatory product information, price information, information on shipping costs, terms and conditions, cancellation policy, imprint and data protection information. Insofar as the provider provides assistance in compiling these texts, this is done with the exclusion of any liability.
b. The seller is bound by the sales offer he has made.
c. The description of the offer must be complete and truthful, as must the
Classification in the applicable offer category.
i.e. The sales offer must not violate the rights of third parties or morality. That concerns
in particular trademark rights, copyrights and personal rights.
e. Sales offers can only be placed at a fixed price.
f. The Sellers undertake to comply with the Buyer's personal data
to deal with the GDPR.


6. Contracts between users
a. The provider is neither a contracting party nor a vicarious agent of the contract that the seller concludes with other users. The fulfillment of the contract and the processing of the contract also take place exclusively between the users themselves. The conditions of the seller apply exclusively to the respective purchase contract.
b. The provider has no influence on the behavior of other users. The provider cannot influence whether contractual obligations of the contracts between the users are fulfilled or whether a sales offer is successful.

7. Posted Content, Release from Liability
a. The sellers release the provider from all claims that other users or third parties assert against the provider due to possible violations of the law due to sales offers or other content. The exemption from liability includes the costs of the necessary legal defense of the provider including all court and legal fees in the statutory amount.
b. The sellers are obliged to support the provider as necessary in the event of claims by third parties, e.g. by immediately, truthfully and completely providing all information required for the examination of the claims and a defense.

8. Content
You may not upload, post, or transmit any video, image, text, audio recording, or other content that:

• Infringes any third party's copyrights or other intellectual property rights or any right of publicity or privacy;
• Contains any pornographic, defamatory, or otherwise unlawful or immoral content.
• Exploits minors;
• Depicts unlawful or violent acts;
• Depicts animal cruelty or violence towards animals;
• Promotes fraudulent schemes or gives rise to a claim of deceptive advertising or unfair competition; or
• Violates any law, statute, or regulation.

9. Suspension of Member Accounts
a. The provider exercises the domiciliary rights via the website. In the event of violations of these conditions, laws and/or other rules published on the website, the provider may
exclude you from using the website temporarily or permanently without warning and
Ban the seller from entering the home.
b. The sellers allow the provider to use their user accounts, sales promotions and
delete or block functions at any time.

10. Liability under telemedia law, limitation of liability
a. The Sellers acknowledge that the Provider accepts no responsibility for the content that the Provider did not create on the Website itself or that the Provider has not taken note of.
b. With the exception of injury to life, limb and health and the breach of essential contractual obligations (cardinal obligations), the provider is only liable for damages that are attributable to intentional or grossly negligent behavior. This also applies to indirect consequential damages such as lost profits in particular.
c. The limitation of liability in these conditions also applies to the benefit of the provider's employees and vicarious agents.
i.e. Claims for liability based on mandatory national law remain unaffected.

11. Transfer of Utilization Rights upon Sale of Products
a. When posting offers for sale on the website, sellers must determine which rights are to be transferred with the sale.
b. Sellers can choose between two models:

12. Rights to Operate the Website
a. By creating content on the website, the seller grants the provider a simple right, unlimited in time and space, and free of charge to use the content created on the website and to advertise sales offers outside of the website. In particular, this right of use also includes the right to make the content publicly accessible worldwide via other media in addition to the website, to reproduce it, to distribute it and to transfer it to third parties. The provider thus reserves the right to advertise the items offered by the sellers through various measures (e.g. on third-party websites, in social networks or via newsletter).
b. By granting these rights, the provider does not adopt the content of the seller as his own in the sense of liability standards. The granting of rights only serves to facilitate the administration and use of the content when operating the website.

13. Modification of these Terms of Contract
a. The provider is entitled to change these general terms and conditions. The adjustment will only be made if there are valid and factual reasons and if it will not disturb the contractual balance between the seller and the provider. Such reasons can be, for example, legal and technical changes, experience with user behavior or unintentional gaps in the clauses. The change will be communicated to users by email and/or at the next visit to the website.
b. The seller is entitled to object to the changes. In the event of an objection, the provider reserves the right to terminate the contractual relationship between the provider and the seller with immediate effect.
c. The changes are considered accepted and binding if the sellers have not objected to the changes within 14 days.

14. Final Provisions
a. German law shall apply to this contract, excluding international private law (IPR) and the UN Sales Convention (CISG), insofar as there are no mandatory regulations to the contrary.
b. The contract language is German, unless there are any mandatory regulations to the contrary.
c. Place of jurisdiction and place of performance is the company headquarters of the provider, insofar as none
contrary to mandatory regulations.
i.e. If individual provisions of this contract should be ineffective or if the contract has gaps
contains, this does not affect the effectiveness of the remaining provisions of the contract. In place of the ineffective provision, an appropriate regulation shall apply that comes closest to the meaning and purpose of the ineffective clause in economic terms. The same applies to the filling of gaps.