Terms of use for the Gentlemanstore.net websites
- Scope of application
1.1 Gentlemanstore.net makes product and service information (“offers”) of third companies (“partners”) available on its Gentlemanstore.net Internet appearances (www.Gentlemanstore.net) to final consumers (“users”) free of charge (“service”).
1.2 The Terms of Use under I. and II. apply to all users of the Service. - Offers and contractual relationships
2.1 Gentlemanstore.net provides with the offers only information of the partners for the users. Gentlemanstore.net and the partners operate their respective websites independently of each other.2.2 Gentlemanstore.net dissociates itself expressly from the Internet appearances of the partners, to which links lead on Internet appearances operated or hosted by Gentlemanstore.net. Gentlemanstore.net has no influence on the design and content of the linked pages and their subpages.2.3 Gentlemanstore.net reserves the right to change, supplement or delete parts of the displayed offers or all offers without separate announcement or to stop the publication temporarily or finally.2.4 The presented offers of the partners are not offers of Gentlemanstore.net. By the use of the service no contractual relationship develops between the user and Gentlemanstore.net regarding the offers. Contracts for the purchase of the products or services shown in the offers are concluded exclusively between the user and the partner. In this respect, the general terms and conditions of the respective partner may apply.2.5 If interested in an offer, the user will be forwarded to the Internet presence of the partner from whom the offer in question originates. Before concluding a contract with the partner, the user is obliged to check all information relevant to the conclusion of the contract and its up-to-dateness on the basis of the information provided by the partner concerned. This applies in particular to the information on the currently valid sales price. - Industrial property rights
3.1 All data, information, search results and texts of the Internet pages operated by Gentlemanstore.net enjoy copyright protection according to the copyright law. Duplication, distribution and processing in whole or in part are only permitted with the written permission of Gentlemanstore.net. Any unauthorized reproduction, distribution, editing, making available to the public and/or public reproduction constitutes a copyright infringement and will be prosecuted.3.2 Gentlemanstore.net points out to the user that the company names, brands, logos and/or product names listed in the websites of the partners are also legally protected.3.3 The offers of the partners displayed on www.Gentlemanstore.net are for the information of the user only and may only be used by the user for private purposes. The user is not entitled to download the offers to a computer and/or data carrier. The repeated and systematic downloading of even parts of the offers that are only insignificant in type and scope is equivalent to the downloading of a substantial part of the offers in type and scope. The offers may only be printed out for private purposes and only to the extent absolutely necessary for this purpose. The offers may only be passed on to private individuals for private purposes to a limited extent. Any use of the offers for business purposes, in particular commercial use, is excluded. - Guarantee
4.1 Gentlemanstore.net is anxious to indicate exclusively contentwise correct and legally perfect offers.4.2 Gentlemanstore.net does not take over however any guarantee for the topicality, correctness, admissibility, completeness and quality of the represented offers.4.3 Gentlemanstore.net does not guarantee that the represented offers can actually be acquired at the indicated conditions with the partners concerned.4.4 Gentlemanstore.net is anxious to provide its service technically faultless and trouble-free, but reserves the right to use a freely definable period of time to remedy technical problems.4.5 Gentlemanstore.net does not guarantee the functionality and compatibility of the websites of the partners as well as of systems, programs, etc. which are not part of the website www.Gentlemanstore.net and over which Gentlemanstore.net has no influence. - Up-to-dateness of prices
5.1 Gentlemanstore.net tries to keep the displayed prices as up-to-date as possible and updates the prices several times a day. However, the prices that the partners demand for their products may have already changed since the last update of the data records on www.Gentlemanstore.net.de on the partner’s website. Decisive for the sale is therefore the actual price of the product, which is displayed on the partner’s website at the time of the intended purchase.5.2 For technical reasons it is not possible to update prices in real time. In exceptional cases, it may therefore not be possible to purchase the products shown at the price indicated on www.Gentlemanstore.net or they may no longer be available in full or in a certain variant (size, colour, etc.).
General terms and conditions
- Adherence
1.1 Gentlemanstore.net does not guarantee that the service can be used and/or accessed without interruption.1.2 Gentlemanstore.net is not liable for technically caused transmission delays, interruptions, errors, service failures and resulting consequences for the user, e.g. data loss, as far as the causes for this are not within the sphere of influence of Gentlemanstore.net.1.3 Gentlemanstore.net is not liable for the unauthorized knowledge of personal data of users by third parties, such as hackers.1.4 Gentlemanstore.net does not take any responsibility for the content, the accuracy, the legality and functionality of third party websites to which reference is made in the context of the service and/or the community.1.5 In all other respects Gentlemanstore.net is liable without limitation for intentional or grossly negligent behavior.
1.6 Gentlemanstore.net is only liable for simple negligence – except in the case of injury to life, body or health – if essential contractual obligations (cardinal obligations) are violated. Cardinal obligations are such obligations which the user relationship has to grant to the user according to its sense and purpose or the fulfilment of which is essential for the proper execution of the user relationship and on whose compliance the user may regularly rely. The liability of Gentlemanstore.net is limited in this case to the contract-typical and foreseeable damage.
1.7 Liability for indirect and unforeseeable damages as well as loss of profit is excluded in the case of simple negligence – unless the unlimited liability prerequisites according to III.1.6 are present.
1.8 Any further liability than provided for in these contractual conditions is excluded – irrespective of the legal nature of the asserted claim.
1.9 The limitations and exclusions of liability according to sections III.1.6, 1.7 and 1.8 do not apply to a legally prescribed liability of Gentlemanstore.net or the liability from a contractually assumed guarantee independent of fault.
1.10 As far as the liability of Gentlemanstore.net is excluded or limited, this also applies to the personal liability of its employees, workers, organs, representatives and vicarious agents.
- Final clauses
2.1 These terms of use and the legal relationship between Gentlemanstore.net and the user are subject to German law to the exclusion of the UN Sales Convention.2.2 Should individual clauses of these terms of use be or become invalid, this shall not affect the validity of the remaining clauses. In this case, the parties shall replace the ineffective clause with an effective clause that comes as close as possible to the ineffective clause in legal, economic and factual terms.2.3 Exclusive place of jurisdiction is – as far as legally permissible – Königstein.