General business provisions - Wine Marketplace - Thomas Fink

Scope
These terms and conditions of use and the Wine Marketplace - Thomas Fink,
Renatastr.5, D-80634 München, represented by Mr Thomas Fink, apply for the wine auction and marketplace and the services of the wine market place for their use registration is required and functions of the wine market place, B2B commerce, trade and B2C auction. With the wine market place, the service users in the wine market place registry generated personal B2B and B2C contractor or supplier address, the trading platforms and the auction.

1st Registration:
With the application recognizes the user's terms and conditions of use and the wine market place - Thomas Fink and ewmp auction, in its latest version as authoritative. Amendments to the terms and conditions of use are already registered users by e-mail. Sign may be conducting business with unlimited any legal or natural person. The registration as Kaufmann / Merchant (CoC) / entrepreneur is a prerequisite for participation in the closed B2B and B2C trade and professional sectors with wine book and product search engine, "Without VAT according to the reverse-charge-rule".
Prices for the logo, banner advertising and other promotional opportunities are below the price list or request.

2dn Cost:
Buyers and sellers have for the use of the closed area of B2B and B2C Weinmarktplatz appropriate payment (see paying the price list Standard, Basic, Premium) to. Individuals can advertise in a designated area on the website Weinmarktplatz their bids.
It is collected for the auction 10% commission on the net value. It applies the legal VAT.

Trustee
Our Trustee Services is another service that is available to all those members of the wine market place available to meet the necessary qualifications to carry out transactions to experiencing the wine market as a trustee for the funds of the buyer to ensure that the buyer receives the goods, he ordered. In a transaction, the buyer pays the invoice amount to the Wine Market Trust Account. Once the receipt of the payment is confirmed, the seller shall forward the shipment of goods in accordance with contract terms with the buyer in place. Once all transaction conditions are met, transfers of Weinmarktplatz invoice minus the costs continue to escrow to the seller.

Fees for Fiduciary activities
The fee for our service is Weinmarktplatz for fiduciary activities at 2% of the total amount of the transaction or a minimum fee of 125 Euro for transactions of less than 25,000 euros.

If the total amount of the transaction over 25,000 EURO following pricing will apply
2% for the first 25,000 EURO
1.25% for the second 25,000 EURO

3rd Maximum bid:
If a sale to the highest bid, so committed to the seller, the goods to the highest bidder (auction) to sell.

4th Agencies:
Wine Market - Thomas Fink and ewmp auction is only an intermediary between buyer and seller. Wine Market - Thomas Fink and ewmp auction is not a partner of the purchase contract, but only provides the platform between dealers and buyers are available. Wine Market - Thomas Fink ewmp auction for this reason can not guarantee that a formal purchase contract valid or auction history for delivery by the seller or payment for the goods by the buyer. In alone are responsible for the buyer and seller. Wine Market Square and ewmp auction may neither the quality of the goods, nor the accuracy of the information provided by the buyer. The solvency of the buyer can not be verified. The control of the sales contract is not for the wine market place - Thomas Fink and ewmp auction.

5th Seller:
Sellers and buyers are in the closed B2B and B2C sector to Kaufmann (HGB) and have accurate information. The seller is obliged to be truthful and complete job description. On defects or errors, the value of the goods significantly reduce, it is essential noted. Shipping, commission and the B2B and B2C trade and ewmp auction. Sellers may not offer bids and the auction set against the laws or against morality. It in particular, may not be offered the following items: firearms or other weapons, whose sale is prohibited or only against a legally required evidence must be made to young people tracts, pictures or film propaganda material, and plates unconstitutional organizations (especially Nazi items and items with Nazi reference ) Live animals or animal products, which fall under the Endangered Species Protection Agreement pirated copies, counterfeits, replicas pornographic material in any form of drugs or narcotics land or land rights.

6th Remove:
Removal of data in the B2B and B2C commerce, industry overview and the wine auction market place - Thomas Fink, ewmp auction reserves the right to advertisements, data, auctions without giving reasons to remove the platform.

7th Disclaimer:
Wine Market - Thomas Fink and ewmp reserves auction, the seller or buyer for breach of the condition or use for other reasons, which are not specified, from the wine market place - Thomas Fink and exclude the platform.

8th Privacy:
Wine Market - Thomas Fink and ewmp auction is the right of participants to collect, process and save for their own purposes and to third parties to give and use. Participants will be in the form of a profile in the B2B and B2C platform, industry overview and auction. The profile includes taking into account the self-selected user name (alias) and the e-mail user. The user willigt, that your user name and your e-mail offer or bid at the closed-B2B and B2C commerce, industry overview and ewmp auction will be published. At the end of the B2B and B2C commerce and auction will ewmp the seller and the buyer the conclusion of the purchase contract by e-mail.

8.1 Ownership of the data in the wine market place
The data (company information) in the wine market space, are and remain the property of the wine market place. Users (Standard, Basic and Premium members and guests and visitors) of the wine market place have no time to claim (as ownership transition) to the corporate data in the wine market place. Users of the wine market place, the data only for trade in the wine market space use, and neither this nor any third party to sell.

9th Feedback:
The user agrees to that feedback information on B2B, B2C and auction with your user name and your e-mail. This feedback is intended solely for the purpose of confidence-building among visitors to the B2B and B2C area and the auction platform.

10th Product groups:
Wine Market - Thomas Fink and ewmp auction is entitled, offers a product group to another product group insecure.

11st Verbal agreements do not exist and must be in writing.

12nd Ineffectiveness:
If any provision of this Terms of Use or is ineffective, or is a gap, this shall not affect the validity of all other provisions (Severability). It shall be governed by German law, CISG is excluded. If the prospective merchant in terms of the Commercial Code (HGB), jurisdiction shall be Ludwigsburg agreed.

THE CLIENT SERVICES

12.1 The customer is responsible for the content of the information (data, images, language, etc.) themselves. A revision and reduction, etc. by wine marketplace - Thomas Fink for editorial reasons at any time.

12.2 You agree to over the wine market place, no information and references to information (so-called links) with illegal content to distribute or ready for retrieval. In particular, the following illegal information content must not exceed the wine market place disseminated: violence within the meaning of the Penal Code (StGB). Graphic pornographic writings, photographs and illustrations within the meaning of the Criminal Code. Racial discrimination within the meaning of the Criminal Code. Calls for violence within the meaning of the Criminal Code. Instructions or incitement to criminal behaviour or other support. Illegal gambling (especially within the meaning of the Lottery Act). Information, copyright or other intellectual property rights of third parties.

12.3 The customer will note it reaches illegal information and other unlawful uses the Internet to info(at)weinmarktplatz.com report so that we investigations and, where possible, the necessary actions. illegality of the content we decide a final and without giving reasons.

12.4 The customer will ensure that other people the user identification and password are not made public and that information should not accessible.

WEINMARKTPLATZ SERVICES - THOMAS FINK

13.1 The wine market place - Thomas Fink provides the customer online password Administration closed the area of B2B and B2C and industry overview and ewmp auction, for processing the entry of company information available. There are also the specific terms and conditions.

13.2 The wine market place - Thomas Fink reserves the right to suspend services at any time to expand or restrict, if this is necessary for important reasons, and in the interest of the wine market place.

13.3 informs the customer, wherever possible, in time of business breaks to respond to disturbances, carrying out maintenance work, the introduction of new technologies, etc. are necessary.

13.4 If the wine market place - Thomas Fink by a competent authority of the unlawful use of the service or displayed such a use by a final judgement or where wine market place - Thomas Fink noted that the contents are illegal, we can offer our customers continue to use contract, the service for a specified period or suspend the contract and timely compensation dissolve. We can take the same measures if the customer is in a serious manner the provisions of the Treaty ignored. As a serious infringement is particularly the non-compliance with the rules of conduct.

INVOICING AND PAYMENT

14.1 The payment obligation begins with the commissioning, ie unlock the access to and use of paid service.

14.2 wine market place - Thomas Fink provides the customer a bill, unless it paid for the services of the wine market place has taken. It is the statutory VAT.

MEASURES TO DELAY

15.1 Paid the customer is not a timely manner, wine marketplace - Thomas Fink providing the services agreed to suspend the contract or any time and without compensation dissolve.

LIABILITY of wine marketplace - Thomas Fink

16.1 wine market place - Thomas Fink can be no guarantee of uninterrupted service, the service at a given time or the integrity of the stored or through its system or the Internet data. The wine market place - Thomas Fink is not for the inadvertent disclosure, damage or deletion of data liable on their system sent and received or stored there. Wine Market - Thomas Fink is neither the customer nor its customers liable for debts or claims for damages made to the customer or by its customers, including, inter alia, all loss or damage caused by the loss of data and by the impossibility, access to Internet to obtain information or to send or receive as a result of delays, non-delivery or interruption of service caused.

16.2 wine market place - Thomas Fink assumes no responsibility for any claims which the customer through the application of abuse third party. For the accuracy of information and services on the Internet is only the customer / provider.

16.3 wine market place - Thomas Fink assumes no liability for business breaks the troubleshooting, maintenance, the introduction of new technologies or similar purposes.

LIABILITY OF CUSTOMERS

17.1 The customer is liable to wine marketplace - Thomas Fink for damage resulting from failure to fulfill its contractual obligations (Kaufmann, the Commercial Code) are due (including for the content of the company's entry and the resulting damage), if it does not prove that he is not at fault .

CONFIDENTIALITY

18.1 The obligation to confidential treatment applies only to information that is declared as such, but not for the information generally available or already known, nor for those without the intervention of the information or recipient obviously legally acquired by third parties. Reservations remain the statutory information requirements.

TERMINATION

19.1 The contract period for listing, banner advertising, logos and other promotional activities are, according to accounts 1, 2 or 3 years, specifically designated areas even monthly. Both parties can until at least 6 weeks before the end of the contract at any time. The monthly separately designated areas 2 weeks.
This applies to 1 - 2 - and 3-year contracts. Is not 6 weeks before the end of written notice, renewed the contract for the same, for the first time agreed duration of the contract.

19.2 Advertises the customer the Treaty prior to the commissioning of the service, the wine owes this marketplace - Thomas Fink, the first annual accounts.

19.3 Advertises wine market place - Thomas Fink the contract without notice, because the customer violates regulations or contractual services for unlawful purposes and is at the time a contract for the minimum duration of the contract has not expired, the customer wine market place - Thomas Fink all its resultant costs.

19.4 wine market place - Thomas Fink may terminate the contract with immediate effect dissolve if the customer proceedings for bankruptcy or insolvency proceedings have been initiated, the client declared insolvent or assets fully or partially transferred its creditors.

STÖRUNGSBEHEBUNG / Service

20.1 wine market place - Thomas Fink introduces measures to alleviate disruption and lack of services within the normal working hours. As usual working hours are the days of the week Monday to Friday, 08.00-17.00 each clock, with the exception of public holidays.

SPECIAL CONDITIONS FOR THE GTC's WEINMARKTPLATZ - THOMAS FINK

1st For the additional services in the wine market place, specific terms and conditions apply. Where these special rules of the following rules differ, the special regulations.

2nd Users / registration

2.1 prerequisite for the use of the closed-B2B, B2C sector and industry overview of the wine market place service is registering with the wine market place Thomas Fink or the auction ewmp.

2.2 For the wine market closed space service can Kaufmann to the Commercial Code, persons aged over 18 and register the business ability and Kaufmann to the Commercial Code is a prerequisite for settlement of transactions. Persons under 14 years need to sign the consent of their legal guardians.

2.3 The registration for the wine market-place of the closed service and B2B, B2C sector and industry overview by accepting the Wine Market Conditions by the user, whereupon a confirmation that its notification by e-mail to be sent mail mailbox.

3rd Privacy

3.1 The wine market place - Thomas Fink respects the privacy of its users. Wine Market - Thomas Fink handled personal data of users confidential and shall make this information available only to the extent available, than by the data protection laws (FDPA) is allowed or the user agrees herein, see Terms and conditions of use of the closed area of B2B, B2C and industry overview.

3.2 wine market place - Thomas Fink points out that personal data of its users electronically processed.

3.3 wine market place - Thomas Fink is entitled to anonymous user information to third parties - including advertisers - for deals, demographic purposes available. The anonymous data may be used by the wine market place - Thomas Fink also for the preparation of statistics and Trenderkennungen and quality assurance and market research.

3.4 On the wine market place - Thomas Fink, a review of the contents of the received and sent and stored on the server e-mails only on the basis of legal regulations.

3.5 In the event of termination of the contract are stored data with the effectiveness of the termination deleted, unless their continued custody is required by law.

4th Scope

4.1 wine market place - Thomas Fink directed the user when registering for wine marketplace - Thomas Fink a personal address or number in B2B and B2C trade trade, industry overview or auction. The title of the address will be by the user when registering for the wine market place - Thomas Fink. Already awarded name or by the wine market place - Thomas Fink - on whatever legal grounds - blocked names can not be allocated, programmed or linked. Access to the Internet and www, is not part of the performance of the wine market place - Thomas Fink and may trigger separate costs for which the user himself is responsible.

4.2 The use of B2B trade, trade and B2C auction by retrieving and sending messages is in the terms of reference specified. The suppliers and bidders, according to HGB Kaufmann commit themselves in the B2B commerce, B2C trade, auction set shops on the wine market place - Thomas Fink backlog and no additional business or hold assets, otherwise you can wine market place - Thomas Fink claims for damages are collected.

4.3 The storage capacity of the B2B, B2C commerce, industry overview, it is clear from the information provided under terms of reference. If this storage capacity is exceeded, no new messages in the mailbox stored, but instead with an error message returned to the sender or wine market place - Thomas Fink reduced. Wine Market - Thomas Fink recommends that an appropriate care and review the file size of the mailbox before and to read e-mails (bidder number) at regular intervals to remove or to answer.

4.4 Additional services provided through the wine market space service, that the establishment of a B2B, B2C trading program number and address, and the use of the wine market place service to receive and send e-mails go out, are not subject to the due performance and can of wine marketplace - Thomas Fink therefore be terminated at any time.

4.5 The additional benefits of the wine market place service also includes a provider or bidder number, the wine market place - Thomas Fink is set to the tenderer or vendor correspond. Incoming messages are as e-mail to the respective supplier or tenderers mailbox shipped. The combination of numbers can not be determined by the user. The provider or bidders can only news for the bidder or the manufacturer in the wine market place mailbox leave.

4.6 Fixed performance component of the wine market place service and additional services is sending a notice to-date information on wine marketplace - Thomas Fink, wine market space benefits and services that the provider or bidders account of the user. Wine Market - Thomas Fink is a provider of services see AGB-B2B, B2C and auction, but not guaranteed for its successful conclusion. The user can change the message for his wine marketplace account (B2B and B2C trade, auction) is not separately time. The user remains however, his wine marketplace account after previous agreement to delete it.

4.7 The wine marketplace service, including its ancillary services is basically for commercial purposes, Kaufmann to the Commercial Code, amended. For the B2B and B2C trading and listing is a unique annual amount needed to attend to. This amount is the price of the wine market place Thomas Fink note. As the commission are 10-18% of net sales value, at the end of the business (B2B and B2C trade and auction), in the wine market place Thomas Fink to pay. If the users of these services private, commercial or business use, so at their own risk.

5th Observance of copyright wine market place - Thomas Fink

1998-2008

5.1 Only such content and statements published or transmitted to the user the necessary rights (including copyright and related rights). The preparation and distribution of pirated copies is prohibited.

5.2 The wine marketplace service and related services market place of wine - Thomas Fink are protected by copyright laws against copying and abuse. Any unauthorized reproduction, distribution or publication of such services or their content or their imitation, wine marketplace - Thomas Fink from civil, criminal measures if necessary, prosecuted.

6th Rights and obligations of the user

6.1 Each user bears the full responsibility for its activities within the wine marketplace service and related services. In addition, each user agrees, the legal regulations, especially not against the existing law violated Federal Republic of Germany. Above all committed to each user to comply with the existing youth protection legislation.
This implies that the wine market space-related services including services for unlawful purposes. In particular, content and / or comments to publish, transmit or distribute content that is unlawful, in particular offensive, violent, xenophobic or pornographic content. This includes content of the links set by the user to reach.

6.2 In addition, the use objectionable, ambiguous names and other prohibited representations whose illegality is suspected, but not conclusive to be determined.

6.3 user activities, which are designed to use the services of wine marketplace - Thomas Fink or the wine market place - Thomas Fink - Site unfit to function, or at least to discourage their use is prohibited and may result in civil and criminal prosecution. Whereas, in particular measures to ensure the physical and logical structure of the wine market place or a service-related service can influence.

6.4 The user undertakes, in case of abuse of its wine market place mailbox wine market place - Thomas Fink from all claims by third parties that violate wine market place - Thomas Fink because of the user services claimed.

6.5 The user is required to access its against the unauthorised use by third parties. The user is to maintain confidentiality of his password bid or vendor number. The user is liable for its conduct by any possible unauthorized use of its wine market place address and number, where it is at fault. The user has wine market place - Thomas Fink to notify immediately if he has reasonable grounds to suspect that a misuse of its wine market place address, the manufacturer or bidder number.

6.6 The use of the wine market place address for the sending of bulk e-mail (spam, e-mail bombing, etc.) and any other form of advertising or marketing messages is not allowed and requires the user to replace the wine market place - Thomas Fink damages.

7th Rights and obligations of wine marketplace - Thomas Fink

7.1 In a breach of these Terms or the justified suspicion of a breach by a user is wine market place - Thomas Fink entitled to exclude the user's wine market place mailbox address to block and used by him and addressed to him immediately delete content . Wine Market - Thomas Fink is the exclusion of users from receiving a warning, unless the infringement is so serious that wine marketplace - Thomas Fink a continuation of the use relationship is not reasonable.

7.2 wine market place - Thomas Fink is still entitled to in case of such violations or suspicions of such a breach an existing user activation of the full repeal and re-registration for its wine market place - Thomas Fink delete them.

7.3 wine market place - Thomas Fink is entitled to the wine market place service and its additional services, and these Terms convert or otherwise modify. Wine Market - Thomas Fink will the user take appropriate attention.

8th Termination / cessation of services

8.1 Both wine market place - Thomas Fink and the users are entitled to use the relationship with a period of 6 weeks before the end of the contract without giving reasons to quit.

8.2 The user can have up to 4 weeks after receipt of information relating to the modification of the terms of use or the use of the service relationship notice. Advertises the user is not, the use relation to the changed conditions.

8.3 wine market place - Thomas Fink is also entitled to use the relationship with immediate effect to terminate and the wine market place mailbox and address of the user to delete the extent that its B2B, B2C trade mailbox 6 months in a row do not use.

8.4 thereof shall not stay the termination rights of wine marketplace - Thomas Fink in accordance with paragraph 7

9th Ensuring

9.1 wine market place - Thomas Fink does not guarantee that the wine marketplace service and related services at any time and without error. This is particularly true where access to the services market place and wine - Thomas Fink site by preventing disturbances, which are outside the sphere of wine marketplace - Thomas Fink. Wine Market - Thomas Fink, in particular, no guarantee that the recipient sent messages correctly, as far as to the messaging server from outside the wine market place - Thomas Fink an error occurs.

10th Liability

10.1 wine market place - Thomas Fink is liable only to the extent wine market place - Thomas Fink, in their performance agents and / or legal representatives of an intentional or grossly negligent conduct alleged. This does not apply essential obligations of the contract by Wine Market - Thomas Fink, their agents and / or legal representatives are being violated.

10.2 In the case of ordinary negligence is a liability of wine marketplace - Thomas Fink and / or their vicarious agents and legal representatives in the case of property damage to indirect damage, particularly consequential damages, unforeseeable damage or atypical damage and lost profits.

10.3 When property damages in the case of ordinary negligence is the responsibility of wine marketplace - Thomas Fink to a maximum amount of Euro 1.500,00.

10.4 An independent statutory verschuldens liability of wine marketplace - Thomas Fink - in particular a liability for product liability law and a legal guarantee liability - will not be affected by the above restrictions liability unaffected. The same applies to the liability of wine marketplace - Thomas Fink culpable violation of life, body or health of a user.

The 10.5 points 10.1 to 10.4 cover all contractual and legal claims arising from this agreement or use of the services and / or wine marketplace - Thomas Fink service.

11st Final Provisions

11.1 It is the right of the Federal Republic of Germany. The application of CISG is excluded.

11.2 This contract or the use of the wine market square-service or additional services will be no joint-venture partnership, employment or agency relationship between wine marketplace - Thomas Fink and the user-founded.

11.3 Severance, a provision of this agreement become invalid or should a gap out, the validity of the contract also not be affected. Instead of ineffective or incomplete one scheme is designed to apply what the law is and what the parties would have agreed, they would need to complete the ineffectiveness or knew in advance. München, Febr. 2010

USt-Id-Nr.: DE218379783

Wine Markt Place - Thomas Fink 2010