Terms and Conditions
General Terms of Service of RudiDeluxe
§ 1 Scope
- These General Terms of Service are the sole basis for use of the RudiDeluxe internet platform, a website for trading in used event technology items (hereinafter referred to as “RudiDeluxe”).
- The responsible entity is the company
NicLen Gesellschaft für Elektronik Handel und Vermietung mbH
Managing Directors: Nico Valasik, Jörg Stöppler
- The following conditions apply exclusively. Terms of business or terms of service of Users or Partners are not valid.
§ 2 Description of Services
- RudiDeluxe is a marketplace where business people in accordance with § 14 BGB (hereinafter referred to as “Partners”) offer goods in the context of offers for sale, and said goods can be purchased by other business people (hereinafter referred to as “Users”). Consumers are not allowed to use the platform.
RudiDeluxe does not itself offer any items and is not a contracting party. A contract can only be concluded between the Partners and Users of this marketplace.
- Likewise, RudiDeluxe does not habitually act as representative, agent or broker for the business relations between Partners and Users. Any steps taken by RudiDeluxe in this regard are always non-binding.
- Partners and Users themselves handle arrangements regarding the purchase contracts they conclude, in particular the dispatch of goods, and payment transactions and their implementation. RudiDeluxe is not liable for the accurate, complete and up-to-date nature of the details provided nor for the availability of the offers listed.
- RudiDeluxe will promote offers listed on the platform in its own advertising campaigns and will allow third parties to access Partners’ offers and content for advertising purposes so that said third parties can promote the content on websites, in apps and in emails. This concerns, for example, the advertising of Partners’ offers and content in the context of price comparisons or advertising placements on third-party websites or in third-party apps.
- RudiDeluxe is entitled to make technical edits to Partners’ offers and other content so that they can be displayed on mobile devices or in apps.
- Despite a variety of security precautions, we cannot preclude incorrect contact data being saved for a Partner or said information being changed over time.
- Partners’ offers and other content published on RudiDeluxe do not represent the views of RudiDeluxe and are only checked for legality, accuracy and completeness where possible.
Despite prior checks, no liability can be accepted for information provided in offers.
- RudiDeluxe can make the use of individual functions or the scope of their use conditional on certain prerequisites and reserves the right to change its platform regulations insofar as this is reasonable for Partners and Users taking into account RudiDeluxe’s legitimate interests.
§ 3 Use of the Platform
- When listing items, Partners must comply with certain stipulations, place their items in the correct category and describe them accurately and completely with words and pictures. All properties and features relevant to the purchase decision and likewise defects reducing the value of the goods offered must be described honestly.
The precise stipulations for the publication of an offer will be sent to Partners when they contact us using the “Become a Partner” form.
2. Users can use the platform free of charge and do not need to register.
Contact with Partners and requests for quotations are made via the shopping cart.
3. RudiDeluxe’s personal data protection policy provides information about how RudiDeluxe processes personal data, including transmission to third parties and Users’ rights as concerned persons.
§ 4 Prohibited Items and Content
- Items are not permitted to be offered via RudiDeluxe where their offer, sale or purchase would contravene legal regulations, infringe third-party rights or offend the rules of common decency. RudiDeluxe will immediately delete or not even publish such items without consulting the Partner.
- RudiDeluxe is a platform for used event technology, and the offering of new goods is not permitted at present.
- Partners shall ensure that they are entitled to sell the items offered, in particular that there are no third-party rights over them which stand in the way of their legal sale.
- RudiDeluxe provides Users with shopping cart functions to enquire about offers and to initiate contracts. Sending the enquiry form from the shopping cart generates an enquiry to the Partner.
RudiDeluxe has no access to the enquiry made via the enquiry form.
2. The price shown for an item is the net price, excluding any VAT or other price components. Delivery and shipping costs are not included in the price shown, unless otherwise stated in the item description.
§ 6 Withdrawal and cancellation, 48-hour return
1. The right of withdrawal and cancellation is governed by the conditions agreed between the Partner and User when the contract is concluded.
2. An exception to this is the 48-hour return which RudiDeluxe allows the User.
The User has a period of 48 hours from delivery in which to notify RudiDeluxe of any material or legal defect in the goods bought. This is done using the contact form.
The Defective Goods will be checked by RudiDeluxe and if the defect is confirmed, the transaction will be reversed step by step.
The 48-hour return option is only provided for goods which were sold using the RudiDeluxe platform to initiate the contract. It is for the User to provide proof of this and of the time of delivery.
§ 7 Limitation of liability
1. RudiDeluxe is liable in accordance with statutory provisions for intent and gross negligence by RudiDeluxe, its legal representatives and its agents, if a substantial contractual obligation is breached, but the amount is limited to damages typically to be expected for this type of contract. Substantial contractual obligations are contractual obligations which need to be met for the contract to be correctly performed, and where the contractual partner can routinely rely on them being met and where, on the other hand, the achievement of the contract purpose is jeopardised by any failure to meet them. The same applies in the event of a culpable injury to life, limb or health.
2. Any further liability of RudiDeluxe is excluded.
3. Insofar as RudiDeluxe’s liability is excluded or limited, this applies also for the benefit of the personal liability of its legal representatives, senior staff and vicarious agents.
Partners and Users shall hold RudiDeluxe harmless against all claims asserted by other Users, other Partners or miscellaneous third-parties against RudiDeluxe due to the content posted. The User or Partner will be responsible in this regard for the costs of RudiDeluxe’s necessary legal defence, including all court costs and legal expenses in the statutory amount. This does not apply if the User or Partner is not responsible for the infringement. In the event of a third-party claim, the User or Partner is obliged without delay, honestly and completely to provide all information needed for an examination of the claims and to mount a defence.
§ 9 Written form
Insofar as the written form is required in accordance with these conditions, this also includes fax, email and use of the contact form.
§ 10 Final provisions
- The law of the Federal Republic of Germany applies to these Terms of Service and all legal relations with RudiDeluxe. German is the official language of negotiation and of the contract.
- The place of performance and legal venue for all disputes arising directly or indirectly from the contractual relationship is Dortmund.
- If one provision in these business conditions should be or become invalid or not incorporated in the contract, this shall not affect the validity of all the other provisions or agreements. The parties undertake to agree to replace it by the admissible provision which comes closest to the documented intention of the parties.
- No oral subsidiary agreements have been reached. To be valid, changes to these provisions must be in writing.
- No warranty is implied as to the accuracy of the technical information in the valid price list as amended from time to time. Models, prices and delivery options are all subject to change.