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Terms & Conditions

General Terms and Conditions

These are the general terms and conditions for using Gastrobroker as follows mentioned:

Publisher
Gastrobroker Switzerland

info@gastrobroker.com



Important principles

1. Principe for system crash

We are around the clock endeavoured to place the functionality fully of the Gastrobroker market place. Nevertheless we cannot exclude occasional system crashes completely.

System crash

A system crash is present, if due to an unexpected disturbance of the system, articles can be bought or sold, or which turns out the application except function.

It lies in the discretion from Gastrobroker to decide whether two system crashes, which occur briefly successively, when a loss of the system is rated.

Search out of function

A loss of the search function is present, if due to an unexpected disturbance over the search the offers cannot be accessed.

System crash during the sales process

The system fails in the middle in a transaction of a purchase process. If the bought article is not any more in the offer after a new system start, then following cases can be caused:

The article was bought. Thus the trade is legal and finally. 

The article is still in the promotion free to buy.

The article is not any more in the promotion. This can be for different reasons, somebody else has bought the article in the meantime or the seller has removed the article from the offer. 


In all cases are all parties; Buyer, Seller and Gastrobroker are free from anyobligations to each other.

Pre-informed maintenance work

With Gastrobroker there are regular and announced maintenance times, in which certain functions are not available. For this regular maintenance time, are the principles for system crash not applicably.


2. Principles for purchase and selling articles

Seller:
The seller can enter the web page like a visitor. As soon the person decides to register wines to sell and promote on the web, it’s necessarily to make the full registration and to accept the general Terms and Conditions as well as the regulations of use. As soon the registration is done, it’s possible to register and list the products for selling. The minimum price for a bottle wine amounts to CHF 20.00 (this platform presents Premium products). The listing and promotion of the products is free of charge. The running time is one month. After one month the seller receives an E-Mail with the request to offer his products for a further month as an update. If the seller does not the refresh, then the articles get cancelled within 10 days out of the system.


The buyer remains anonym up to the conclusion of a trade. As soon as the trade has taken place, the seller will receive all the details of the buyer and vice versa, so that the seller and buyer can contact each other directly. The trade takes place between seller and buyer. Gastrobroker offers the market place for the trade. The Gastrobroker market place is free of charge. Furthermore this marketplace allows finding seller and buyer worldwide. It is a global marketplace.

Buyer:
The interested buyer can surf freely on Gastrobroker, it is open to see and look all listed products, the personality keeps anonym. It is an open marketplace, if the interested buyer cannot find the wished products then he can visit the market place at any time to look and search the wished products. As soon as the interested buyer takes the decision to buy something, it’s necessarily to make the full registration and to accept the general Terms and Conditions as well as the regulations of use. Then the trade can take place. The seller keeps anonym till the trade is done. As soon as the trade has taken place, the buyer will receive all the details of the seller and vice versa, so that the buyer and seller can contact each other. The trade takes place between seller and buyer. Gastrobroker offers the market place for the trade.


General Terms

Article 1 Specifications


1.1 The Gastrobroker website is a market place, on from the natural and legal entities and unincorporated firms, who announced a member account (in the following: „Member“), wine and other Gastro products of all kinds (in the following "Article") to be offered, traded, sold band bought, if their offer for selling or acquisition is against the laws, this Terms and Conditions or the Gastrobroker of principles do not offend. Gastrobroker is not offering any articles, no requirements or any trading with any articles. Gastrobroker does not become even contracting party exclusively of the contracts closed between the members of this market place. Also the fulfillment of these contracts closed over the Gastrobroker website exclusively takes place between the members.

1.2 Gastrobroker applies the Gastrobroker market place also on third for this purpose an entrance to the data and the information of the offered articles to the order, so that these can apply the articles on their own website, in software applications and in E-mails.

1.3 The Gastrobroker website offers the technical possibility to the members of using within the framework of the Gastrobroker website, in order to publish even contents. These contents are regulated in given the input masks.

1.4 On the Gastrobroker website contents published by members is not examined by Gastrobroker in principle and does not represent the opinion of Gastrobroker. Gastrobroker can pass contents on, which publish members on the Gastrobroker website, also to other Gastrobroker societies for representation on their website.

1.5 The offers and contents of members can be called up also on the Gastrobroker web page from other countries. Certain cut-outs of an offer can be translated for this purpose automated.

1.6 Gastrobroker puts on-line and off-line Software tools as well as special programs to the members at the disposal. These are exclusive for the use. Duplications, damage and abuse are criminally pursued.

1.7 Gastrobroker has the right to work on offers and contents of members technically in such a way to prepare and adapt so that can be represented also on mobile terminals or software applications of third. The members are self responsible to see before a purchase decision, complete contents of an offer on the Gastrobroker website if the requirement delivery or the contract conclusion is made by mobiles a terminal or the software application of a third offered.

1.8 An examination of the data deposited during the registration leads Gastrobroker only very limited through, since the identification is only possible reduced by persons in the Internet. Despite different safety precautions, it is impossible from there that for a member account wrong contact contacts were deposited. Each member has itself to therefore convince of the identity of his contracting party. With possible abuse or fraud, Gastrobroker rejects any kind of adhesion. Thing of the buyers and sellers is to be secured mutually.

1.9 For the Gastrobroker website published offers and contents of members is not examined in principle by Gastrobroker for its legal standard, correctness and completeness.


Article 2 Registration and member account

2.1 The use of the Teleservices of the Gastrobroker website presupposes the registration as a member. The registration is free. It takes place via opening of a member account under agreement among the General Terms and Conditions. With the registration a contract comes over the use of the Gastrobroker of website between Gastrobroker and the member (in the following: "User contract") . A requirement on conclusion of a use contract does not exist.

2.2  The registration is only legal entities, unincorporated firms and unrestrictedly competent natural persons permitted. In particular persons under age may not register at Gastrobroker. The age indication is obligation. The system does not permit a registration for persons under age. If wrong data are accomplished during the registration, this can be criminally pursued.

2.3 The data are to be indicated completely and correctly, for example pre and surname, the current address (no post box) and telephone number (no increase value service call numbers), a valid email address as well as if necessary the company and an entitled to act as substitute one queried by Gastrobroker during the registration.

2.4 The registration of a legal entity may be made only by a natural person entitled to act as substitute, who must be called in particular. For the registration only individual persons may be indicated as owners of the member account (no married couples or families).

2.5 If the indicated data change after the registration, then the member is obligated to correct the data in his member account immediately.

2.6 During the registration members select a member name and a password. The member name may should not consist of an email or an Internet address, not injure rights third - in particular no name or trademark laws - and not offend not against the good customs.

2.7 Members must keep their password secret and secure the entrance to their member account carefully. Members are obligated to inform Gastrobroker immediately if there are reference points for it that a member account was abused of third.

2.8 Gastrobroker will never pass the password on of a member not on third and will never ask a member by email or telephone for its password.

2.9 Members are responsible in principle for all activities, which are made using their member account. If the member does not have to represent the abuse of its member account, because an injury of the existing duties to exercise diligence is not present, then the member does not cling.

2.10 A member account is not transferable.

2.11 Gastrobroker reserves itself the right to delete member accounts of not completely accomplished registrations after an appropriate time.


Article 3  The subject and range of the use contract

3.1 Gastrobroker presents the Gastrobroker website with the functions described in Article 1 to the members at the disposal. Gastrobroker can attach the use of the Gastrobroker website or individual functions of the Gastrobroker website or the extent, to which individual functions and services can be used, at certain conditions, like examination of the dates of registration, membership duration, use of starting time planning or purchase and payment proofs.

3.2 Gastrobroker reserves itself despite not existing legal obligation, the right to introduce measures which retard the publication of offers and contents on the Gastrobroker website for safety reasons.

3.3 The requirement of members on use of the Gastrobroker of website and their functions exists only in the context of the current state of the art. Gastrobroker limits its achievements temporarily, if this serves the normal or improved contribution of the achievements regarding capacity borders, which security or integrity of the servers are necessary or for the execution of technical measures, and the (maintenance work).

3.4 The requirement of members on use of the Gastrobroker website and their functions exists only in the context of the current state of the art. Gastrobroker limits its achievements temporarily, if unexpected systems crash the delivery of requirements, which obstructs immediately purchase or other functions, appropriate information published as system news. Please consider Article 1 principle for system crashes section system crash during the purchase process.

3.5  On under Article 3 the exp. 3 specified maintenance work the regulation is not used under Article 3 exp. 4.


Article 4  Sanctions, blockage and notice

4.1 Gastrobroker can following measures to seize, if concrete reference points for it exist that a member laws, rights third, which injure Gastrobroker Terms and Conditions or the Gastrobroker principles, or if Gastrobroker has another justified interest, in particular to the protection of the members from fraudulent activities:

Delete from offers or other contents

Caution of members
 
Restriction of the use of the Gastrobroker market place
 
Provisional blockage

Final blockage


With the choice of a measure Gastrobroker considers the entitled interests of the member concerned, in particular whether reference points for it are present that the member was not to blame for the offence.

4.2 Gastrobroker can exclude a member finally from the use of the Gastrobroker website (final barrier), if it

in particular a wrong or invalid email address indicated or any wrongcontact dates. See also Article 2.2

Its member account transfers.

Other Gastrobroker members or Gastrobroker in substantial mass damages, in particular achievements abused by Gastrobroker.

Another important reason is present.


4.3 After a member became finally closed, no requirement on re-establishment of the closed member account exists.

4.4 The website also with other member accounts no more use and do not register again.

4.5 Members can quit this use contract at any time. For the notice explanation a written report at Gastrobroker is sufficient by email.

4.6 Gastrobroker can quit the use contract at any time with one period from 14 days to the end of the month. The right for blockage remains of it untouched.


Article 5  Offer fees, extra charges and commissions

5.1 The registration as a member with Gastrobroker is free of charge.
 
5.2 For offering of Articles Gastrobroker does not raise fees. Adjusting of requirements is free of charge.

5.3 For prospective customers with a search order Gastrobroker does not raise fees. Adjusting of search orders is free of charge.

5.4 A successful trade resp. sales through Gastrobroker is free of charge!

5.5 Gastrobroker is not taking any fees or commissions!

5.6 Gastrobroker is informing the buyer and seller after successful trade by e-mail.

5.7 Gastrobroker is not responsible for the payment and delivery of the goods.

5.8 The trade takes place between seller and buyer, Gastrobroker is not in the trade involved.

5.9 Gastrobroker reserves itself the right to compute for the deletion of offers or contents or for the blockage of members because of offence against the Terms and Conditions or the Gastrobroker principles an expenditure lump sum as far as the member has to represent the offence, it is, the member proves that a damage did not develop at all or in substantially smaller height. Likewise Gastrobroker for the read energizing of a closed member account can raise a fee from CHF 80,00.
 
5.10 Gastrobroker can change the fees at any time without advance notice. Concerns Article 5.9.


Article 6 General principles

6.1 Members are obligated to obey with the use of the Gastrobroker website as well as other achievements of Gastrobroker the valid laws. It lies in the own responsibility of each member to guarantee that its offers or contents are legal and injure no rights third.

6.2 Members are even responsible for it, on the Gastrobroker website observable and information, which needs them for purposes of the preservation of evidence, stored by Gastrobroker, record keeping etc. to archive on a storage medium independent of Gastrobroker.

6.3 Members may use addresses, contact datas and email addresses, which received them by the use of the Gastrobroker market place, for no other purposes, than for contractual and before-contractual communication. In particular it is forbidden to resell or use it for the forwarding from advertisement to these data, is, the respective member this expressly before agreed.

6.4 Gastrobroker reserves itself the right to change within its principles the order on its market place as far as this is reasonable the members with consideration of the entitled interests of Gastrobroker.


Article 7 Offer formats and general rules

7.1 Gastrobroker puts a multiplicity of offer formats and functions to its members at the disposal, in order to lock on the Gastrobroker market place effective contracts or to find prospective customers for articles offered by them.

7.2 If it comes on the Gastrobroker website to a contract conclusion between members, Gastrobroker communicates the data necessary for the mutual establishment of contact to the contracting parties.

7.3 Seller and Buyer must consider the Gastrobroker principles for the purchase and a selling of Articles see point 2. under principles for the purchase and selling Articles. They have to put their offers into the suitable category and possibly describe their offers with words and with pictures completely. Here must be indicated all characteristics and as well as error characteristics substantial for the purchase decision, which reduce the value of the offered commodity, truthfully.
 
7.4 Sellers for the offered products must be able to convey immediately the offered goods to the buyer after contract conclusion.

7.5 Companies, who offer goods or services at consumers, are obligated, to give to these the legally prescribed consumer protection information and to instruct them over the legal revocation or return right, if such exists.

7.6 The description of article as well as the pictures used thereby may not injure and have rights third exclusively to the offered article to refer. Advertisement for commodity not offered with Gastrobroker is inadmissible.

7.7 The price of the respective offers understands itself as end price including possibly more resulting (value added tax excluded) and further Fees. The selling price does not cover the supply and forwarding expenses.
 
7.8 Sellers for the offered products is not permitted, additional it to the selling price to put and call from these PayPal fees in and/or commissions down on buyers.

7.9 It is forbidden to members to manipulate the search function of the Gastrobroker website as example an abusive label names or other search words are inserted in the article indication or description.

7.10 Sellers for the offered products, who stop an offer to the Gastrobroker website, can delete your offer at any time so long the trade did not take place. The same is valid for the search orders.


Final clauses

Article  8  Practice of the rights through third, contract assumption


8.1 For the purpose of the fulfilment of a contract and practice the respective Contracting Party in accordance with the present Treaty which are entitled of the rights can avail itself this of other Gastrobroker enterprises.

8.2 Gastrobroker is justified to transfer with one announcement period from 30 days its rights and obligations from this contractual relation totally or partly to third. In this case the member is entitled to quit the use contract by email to the Customer Service.


Article  9 Exemption

9.1 The member exempts Gastrobroker from all requirements, the other members or other third parts against Gastrobroker makes because of injury of their rights through from the member into the Gastrobroker website stopped offers and contents valid or because of its other use of the Gastrobroker website. The member transfers here the costs of the necessary defences of Gastrobroker including all court and lawyer costs in legal height. This is not valid, if the law breaking of the member is not to be represented. The member is obligated, Gastrobroker for the case of a demand through third immediate to place truthfully and completely all information to the order which is necessary for the examination of the requirements and a defence.


Article  10  System integrity and disturbance of the Gastrobroker website

10.1 Members are not allowed to use mechanisms, software or other Scripts in connection with the use of the Gastrobroker website use, those functions of the Gastrobroker website can disturb. See also Article 1.6.

10.2 Members are not allowed to seize measures, which can entail an unreasonable or excessive load of the Gastrobroker infrastructure.

10.3 Members may not do of Gastrobroker generated contents to block, overwrite or to modify or in other way disturbing in the Gastrobroker website intervene. See also Article 1.6.

10.4 On the Gastrobroker website put down contents may be copied without previous agreement of the right owners neither or spread, nor in other way be used or multiplied. This is valid also for copying in the way of "Robot/Crawler" - Search machine technologies or by other automatic mechanisms.


Article 11 Limitation of liability

11.1 Opposite entrepreneurs Gastrobroker clings for damage, except contract obligations, only, substantial in the case of the injury, if and so far Gastrobroker, their legal representatives, leading employee or other executing aide resolution or rough negligence to the load fall. In the case to the injury of substantial contract obligations Gastrobroker is responsible for each culpable behaviour of their legal representatives, leading employees or other executing aides.

11.2 Against consumers of Gastrobroker is responsible only for resolution and rough negligence. In case of the injury of substantial contract obligations, the debtor's default or the impossibility of the achievement contribution which can be represented from Gastrobroker is responsible however of each culpable behaviour of their co-workers and executing aides.

11.3 Except with resolution or rough negligence of legal representatives, leading employees or other executing aides of Gastrobroker, the adhesion of the height is limited after on the damage typically foreseeable with contract conclusion.

11.4 An adhesion for substitution of indirect damage, in particular for escaped profit, exists only with resolution or rough negligence of legal representatives, leading employee or other executing aides of Gastrobroker.

11.5 The aforementioned adhesion exclusions and restrictions opposite entrepreneurs or consumers are not valid in the case of the assumption of warranties by Gastrobroker and for damage from the injury of the life, the body or the health as well as in the case of compelling legal regulations.


Article 12  Writing, applicable right and area of jurisdiction

12.1 All explanations, which are conveyed in the context of the use contract which can be locked with Gastrobroker, must be made in writing or by email by the Gastrobroker Contact form: Select as reference "My member account, registration and password “and then "Questions to the Gastrobroker Terms and Regulations and the Use Regulations".

12.2 The postal address as well as the email address of a member is those, which were indicated as current contact contacts in the member account of the member of this.

12.3 If the member has its domicile or seat in Switzerland, the use contract including these Terms and Conditions as subject to the material right of Switzerland under exclusion of the UN-Rights. For all other members the use contract including these General Terms and Conditions is subject to the material right of the Federal Republic of Germany under exclusion of the UN-Rights.

12.4 For members, that are buyer in the sense of the commercial code, a public special estate or a legal entity of the public right, Bern is exclusive area of jurisdiction for all disputes developing from the use contract and this General Terms and Conditions.

12.5 For all members and consumers Berne is the appropriate area of jurisdiction. For all disputes developing from the use contract and this General Terms and Conditions Berne Switzerland is the area of jurisdiction.


Article 13  Change of these General Terms and Conditions, this clause

13.1 Gastrobroker reserves itself to change this General Terms and Conditions at any time and without denomination from reasons to. The changed conditions are sent to the members by email at the latest two weeks before their entry into force. If a member does not contradict the validity of the new General Terms and Conditions within two weeks after receipt of the email, the changed General Terms and Conditions is considered as accepted. Gastrobroker will inform the members by E-mail, whom contains the changed conditions, to the meaning of this two-week period separately to refer.

13.2 If a determination of these General Terms and Conditions is ineffective, the remaining regulations remain untouched by it. The ineffective regulation is considered as by such replaced, which comes the sense and purpose of the ineffective regulation in legally effective way economically next. Same is valid for possible regulation gaps.