AGB

We competently support you with the purchase and
Sale of boats and yachts of all kinds.

General terms and conditions

§ 1 Object of the service

BrauckmannBoote.de is an internet platform for the brokerage of boats and accessories, operated by BrauckmannBoote GmbH.
Independent of manufacturers, BrauckmannBoote neither independently carries out purchase, insurance or financing transactions, nor is it directly or indirectly involved in such transactions. The business activity of BrauckmannBoote is limited solely to bringing together dealers, manufacturers, service providers and private sellers of boats on the pages of BrauckmannBoote.de with prospective buyers.

§ 2 Scope and amendment of the GTC

Commercial and private participants in the BrauckmannBoote.de portal expressly recognise the validity of the GTC presented here in the current published version. Exceptions to these terms and conditions or deviating terms and conditions on the part of the user are only possible with the prior written consent of BrauckmannBoote and are otherwise not valid.

The services of BrauckmannBoote are provided exclusively and solely on the basis of the GTC published here. These GTC shall also apply to all business relations in the future without renewed express agreement.

BrauckmannBoote is expressly entitled to amend or supplement the GTC. A reasonable period of notice is sufficient for this purpose. The announcement is made exclusively on the pages of the BrauckmannBoote.de website. The customer has the right to object to the changes of the GTC until two weeks after the publication of the changed GTC on BrauckmannBoote.de. If this does not happen, the GTC in their amended or supplemented form are deemed to be effective. If the customer objects in due time within the two weeks after publication of the amended or supplemented GTC on BrauckmannBoote.de , BrauckmannBoote expressly reserves the right to terminate an existing contract as soon as the GTC in their updated form have become effective.

If no objection is made, the amendments to the GTC shall apply to both contracting parties.
BrauckmannBoote reserves the right to inform commercial customers of changes to the GTC by electronic mail or in writing by letter. In this case, the changes to the GTC are considered accepted if the change to the GTC sent electronically or by post is not objected to in writing within two weeks.

§ 3 Performance

Until further notice and at its own discretion, BrauckmannBoote allows the user to use the search function on the BrauckmannBoote.de site free of charge. This applies to all activated categories. There is no entitlement on the part of the user to permanently use BrauckmannBoote.de free of charge.

§ 4 Prices for private and commercial users for advertisements

For private users and commercial customers, the use of BrauckmannBoote's services is subject to a fee. The prices can be viewed several times on the website and before placing the advertisement. The advertisement is automatically renewed after 30 days for a further month at the booked rate. You can cancel your ad at any time online by mail or directly with the payment provider XXXXXX. Please do this 48 hours before renewal so that the cancellation can still be processed. This does not apply to the search function and the search for advertisements, but only to the placement of advertisements on BrauckmannBoote.de and third party websites. Commercial users must disclose their commercial status to BrauckmannBoote.de when registering by selecting "boat dealer" or "charter provider".

§ 5 Placement of content in the database

BrauckmannBoote only permits the placement of advertisements for the sale or rental of boats and accessories. Advertisements which aim at the purchase and/or the purchase and sale of spare parts are not permitted. When submitting advertisements to BrauckmannBoote, the advertiser is obliged to provide truthful information and data. Existing legal regulations for the content and design of this data are valid without having to be explicitly mentioned in these GTC.

In particular, the advertiser undertakes not to violate morality and copyright regulations that apply when dealing with text or image material with the transmitted data. The advertiser offering a boat (or accessories) on the pages of BrauckmannBoote.de must have the appropriate authorisation. Advertisements may be illustrated with photographs. These must be of the object advertised in the text of the advertisement and may not have been altered photo-technically or by other means. It is prohibited to place logos, emblems or other figurative signs, numbers or letters or their combination with a picture on the BrauckmannBoote.de portal instead of or with a picture. The advertiser must hold the full rights to the texts and images posted. The advertiser must defend claims made by third parties against BrauckmannBoote or indemnify BrauckmannBoote against all claims.

It is not permitted to place telephone numbers from the service area associated with special tariffs in an advertisement. Numbers with the prefixes 0190, 0900 or prefixes from similar providers will be immediately removed by BrauckmannBoote from the BrauckmannBoote.de offer and BrauckmannBoote will permanently exclude the advertiser from accessing the BrauckmannBoote.de portal. The advertiser may not post any content on behalf of third parties on BrauckmannBoote.de without their prior express consent. This provision applies in particular to data such as addresses or telephone numbers. The advertiser is liable to BrauckmannBoote for the fact that files transmitted by him are free of viruses and are transmitted to BrauckmannBoote.de with virus-free computer programs. In the event of damage or changes to the electronic system of BrauckmannBoote.de caused by viruses, BrauckmannBoote reserves the right to claim compensation from the sender. BrauckmannBoote may remove files with viruses without prior consent and without asserting claims.

BrauckmannBoote reserves the right to reject, change or delete contents, texts, photos and advertisements without giving reasons and without informing the advertiser in advance. Advertisers may be permanently excluded from participating in offers on BrauckmannBoote.de without giving reasons.

§ 6 Liability and warranty

BrauckmannBoote compiles the contents of the aforementioned website with due care. BrauckmannBoote does not guarantee the correctness, legality, completeness, up-to-dateness and actual availability of the advertisements placed on the pages of BrauckmannBoote.de and the products offered in them.

This provision also excludes liability for defective products and for damage to property and persons occurring during the use of the products offered on BrauckmannBoote.de. All information in the offers subject to confirmation on BrauckmannBoote.de originates exclusively from the advertisers stated there. BrauckmannBoote accepts no liability or guarantee for the content, legality and correctness of the information provided. Errors and prior sale reserved. BrauckmannBoote does not check the identities of the buyers and sellers on its portal. Only in the event of a material breach of contractual obligations, the fulfilment of which could be particularly relied upon, the legal liability claim exists. The same applies in the case of gross negligence, intent or in the case of liability with regard to warranted characteristics.

BrauckmannBoote or its representatives shall not be liable beyond this and shall not be entitled to claim damages for delay or non-performance of the contract. Claims shall also not arise in the event of poor performance or in the event of tortious acts and their consequences.
The respective advertisers and users are solely responsible for the offers presented by BrauckmannBoote.de. In the event of liability on the merits, the liability of BrauckmannBoote shall be limited to the foreseeable damage. In no event shall BrauckmannBoote be liable for loss of profit or consequential loss, loss of savings, or for any damages resulting from business interruption or delay which may occur through the use of services offered on BrauckmannBoote.de or their malfunction. This exclusion also applies to the loss of data, errors caused by the use of unsuitable hardware or software or browsers, disruption of other communication networks of other operators, server failure at providers or online services.

If BrauckmannBoote grants access to websites of third parties, BrauckmannBoote is in no case liable for the existence and security of this website. BrauckmannBoote is also not liable for the topicality, correctness, completeness and legality of the content and the freedom from third party rights of the data, programmes and other information made accessible on this website by its operator or a third party.

§ 7 Termination and duration of contract

The contract concluded between BrauckmannBoote and the user is subject to the minimum term indicated in the respective offer. Within this period, termination of the contract is excluded. After expiry of the minimum term, the contract is extended by one month at a time. The contract may be terminated by either contracting party after expiry of the minimum term by giving two weeks' notice to the end of the respective month. Notice of termination must be given electronically by email or in writing by post.

§ 8 Trademark protection, copyrights and rights of use

§ 9 Notes on data protection

The user of BrauckmannBoote.de expressly agrees that his or her transmitted data may be electronically recorded and stored. BrauckmannBoote assures that this is done in compliance with the protection of personal user data and that this data will not be passed on to third parties. BrauckmannBoote guarantees compliance with the applicable data protection laws.

§ 10 Severability clause

The invalidity of individual provisions of these General Terms and Conditions of Use and Business shall not affect the validity of the other provisions. Invalid provisions shall be replaced first and foremost by provisions that correspond most closely to the invalid provisions and secondly by the statutory provisions.