The operator is responsible for processing and technical control of information, and commercial suppliers can publish listings for selling machinery on the Buysalemachine website:

1. 1. The term machinery on this website refers to new and used machines, new and used parts, and other items demanded by a similar group of buyers.
   2. The operator operates in the fields of listings, online auctions, and “buy now.” Additionally, supplementary services such as logo advertising, trust seals, first impressions, and category inquiries are provided.

1. 1. The operator offers the above platforms online.
   2. Users can publish offers for machinery through these platforms, search for such offers, and post advertisements.
   3. All users act as business parties or businesses in using the operator’s services.
   4. The general terms and conditions of trade of the country of origin govern the legal relationships between the operator, the listers, and other users of the services.

1. Subject of Services

1. 1. Listers can list offers for machinery through the operator’s services. Additionally, these services provide the ability for electronic messaging between listers and interested parties.
      2. All content in listings is translated into different languages based on the selected language. The lister agrees to the automatic translation of their listing. The operator is fully exempt from any liability for translation errors of any kind.
      3. The operator is authorized to change, complete, or delete parts of listings or offers completely without prior notice, or to temporarily or permanently suspend publication.

2. Services Provided by the Operator

1. 1. The operator provides a platform for listings, then publishes listings entered through a user interface and retrieves listings. Listers can independently enter their listings into the operator’s database and modify and delete them with the operator’s approval.
      2. Regarding the updating of registered advertisements, they are activated within a maximum of 24 hours unless otherwise agreed. The operator reserves the right to delay activation and to refuse activation for technical or other reasons.
      3. The operator reserves the right to block listings at its discretion if the terms are violated.
      4. Messages sent through the operator’s online services are stored and can be inspected by the operator to prevent abuse or fraud

3. Commitments of Listers

1. Responsibility for Content

Any list publisher who publishes a list through the operator’s website is responsible for the content of these lists and the accuracy of the information provided therein, and is liable for this content and information. The publisher indemnifies the operator against any claims by third parties of any kind alleging the illegality or inaccuracy of his list or any infringement of third-party rights. The obligation to indemnify also includes the assumption of the operator’s legal defense costs, such as court and attorney fees. The operator is not obligated to review the lists to determine whether they infringe the rights of third parties or violate legal laws or other legal regulations.

2. Technical Information

The publisher must only provide technical information relating to the listed objects. Copying texts or parts of texts from other lists is prohibited. In this regard, it does not matter whether the lists have been published through the operator’s services or other channels. The use of ambiguous keywords or keyword listings is prohibited. The repetition of words in list descriptions (except for the manufacturer’s name) is not permitted.

3. Use of Images

The publisher is required to exclusively use valid images of the machinery. The use of placeholder images such as “image to follow” or the use of company logos instead of images of machinery is not permitted. The use of catalog images of machinery whose copyrights or usage rights belong to a third party is also prohibited.

4. List Descriptions

Only relevant machinery may be described in the lists. Neither “machine type” nor the information in the input boxes “manufacturer” and “model” may contain promotional phrases. Referring to other products such as goods or similar upgradeable goods is prohibited.

5. Contact Information

The publisher is obliged to provide their contact information, including name, address, and phone number, in the format provided for this purpose. The operator reserves the right not to publish or to delete lists that contain incomplete information.

6. Valid Email

The publisher must provide a valid email address and consent to the use of this email address by the operator for notification, especially regarding purchase inquiries (requests for the machinery listed by the publisher).

7. Single Listings

Only one listing may be placed for each device. Entering an offer in multiple (sub) categories is not permitted. In addition, the listing must be assigned to the correct category.

8. List Deletion

In the case of listings, images, videos, and attachments that contain telephone or fax numbers, domain names, or email addresses, the operator reserves the right to delete the above listing and also not to publish subsequent lists. In this case, no price reduction or refund is granted.

9. Immediate Removal

The publisher is obliged to immediately remove listed machinery from the platform if the machinery is not provided.

10. Real Prices

If a price is specified, the publisher undertakes to provide a price for the machinery they intend to sell. Listings with unrealistic prices that are only intended to attract attention (e.g., prices of $1) will not be published. In this case, no price reduction or refund is granted. Providing a price on this platform is essential.

11. Further Details

Further details are governed by the operator’s market rules.

4. Deletion and Deactivation of Listings

1. Right to Reject Listings

The operator reserves the right to reject listings without giving a reason and at their discretion, and they reserve the right to permanently exclude individual publishers from using their services.

2. Listing Costs

The publisher must bear the costs arising from the entry and maintenance of the listings solely on their own. If the operator changes, deletes, or rejects the listings, this also applies.

3. Independent Deletion

The publisher may independently delete their listings at any time, provided that their account has not been blocked for the reasons specified herein.

5. Granting of Usage Rights

1. Right to Reproduce and Distribute

The operator has the right to reproduce, distribute, and edit according to moral rights and the right to redesign content at the operator’s discretion or third parties, especially by adding a watermark or code consisting of letters and/or numbers to the content, to translate content or adjust format, all for the purpose of integrating it into web pages. The operator has unlimited content rights, including any technical capabilities, especially through digital integration within the framework of websites.

2. Right to Modify Content

By entering content, publishers also grant the operator the right to modify the entered content and publish it on other platforms.

3. Monitoring Violations

Publishers grant the operator the right to monitor third-party violations regarding their listings that have been placed/uploaded in their name through the operator’s services. In addition, the publisher assigns all claims for damages that they incur against third parties as a result of listings that were posted or uploaded and that have been obtained and used elsewhere on the internet without the consent of the publisher or operator in a verifiable manner to the organization.

4. Guarantee of Rights Ownership

The publisher assures that they own the transferred rights and that they can effectively grant the aforementioned rights. The publisher also guarantees that the works are free of third-party rights that may conflict with the granting of contractual rights.

Suggested Contents:

1. 1. Precise category classification
   2. Accurate technical descriptions
   3. Descriptive image (high quality)
   4. Optional: Compatibility with other machines, accessories, etc.
   5. Explanation of conditions

1. Subject of Online Services

1. Registration and Listing

The registration and placement of listings are reserved for businesses and entrepreneurs.

2. Binding Offer

The registration of a listing and the selection of a pricing plan constitutes a binding offer that the operator can accept solely by confirming the activation of the account via email. The contract thus concluded allows the operator to invoice the corresponding pricing plan and receive it from the designated bank account for this purpose. The operator may refuse to accept the agreement at their reasonable discretion, especially if there is a suspicion of misuse.

2. Operator’s Services

The operator’s services include providing input templates for profiles and seller listings, processing entered data, and enabling the retrieval of listings from the operator’s databases for the duration agreed upon with the lister. The provision of the operator’s services begins on the day the account is activated and is not dependent on whether the listings have actually been published.

3. Obligations of the Lister

1. Responsibility for Password Security

The lister is responsible for damages arising from third parties becoming aware of their password due to negligent or intentional behavior. If their password has been stolen or they become aware that their password is being used illegally by third parties, they must promptly notify the operator.

2. Prohibition on Data Sharing

The lister also commits to not transferring account access data, received purchase inquiries, or general inquiries (category questions) to third parties. The lister is further obligated to process received purchase inquiries exclusively themselves. In case of a violation, the operator reserves the right to block the lister’s account. No price reduction or refund will be made in this case. The operator expressly reserves the right to claim damages from the lister in the above-mentioned cases. Sending inquiries to third parties is considered a violation. For each violation, a minimum of $750 plus VAT shall be paid to the operator. For sending access information and using it by third parties, due to the severity of the violation, a minimum of $3100 plus VAT shall be paid to the operator.

3. Listing Ownership

The lister may only list machinery and other goods not owned by them with a valid agency agreement. The lister must disclose the ownership status of the machinery or other offers upon request by the operator. The agency agreement must be presented immediately upon the operator’s request. If a lister lists machinery that they do not own and is not authorized to sell it by the owner, the operator reserves the right to claim damages.

4. Promotion Restrictions

The lister is not permitted to use the operator’s services to promote competing offers.

4. Deletion and Deactivation of User Accounts and Listings

1. Right to Exclude Listers

The operator reserves the right to temporarily or permanently exclude individual listers from using their services. In particular, if listers are in competitive relation to the operator’s services or harm the operator through business activities, the active registration will not be enabled, or accounts will be deactivated. In this case, no price reduction or refund will be given.

2. Data Retention

Customer billing data will be retained by law for 2 years.

5. Duration and Termination of the Contract

1. Minimum Contract Duration

A minimum contract duration applies. If the contract is not terminated by the lister or the operator seven days before the expiration of the contract term, the advertisement will not be removed, but the lister’s information will be deactivated.

2. Pricing Plan Adjustments

The operator reserves the right to regularly adjust pricing plans regarding prices and services. These possible adjustments to pricing plans will only affect existing customers after the renewal of the contract, but not during the current contract period.

3. Extraordinary Termination

The right of extraordinary termination for the reasons mentioned is reserved for the operator.

4. Termination Notices

Termination notices must be sent electronically.

6. Payment Terms

1. Pricing Applicability

The prices listed in the specified current plans apply, which can be found in the price list at any time, unless otherwise agreed.

2. Payment Timing

Payment of the fee is made at the time of selecting the desired plan, and the advertisement will be published until the specified time. Upon expiration, the lister will be notified by email.

3. VAT

All prices are subject to applicable value-added tax

(1) The operator is liable without limitation if the cause of the damage is due to intent or gross negligence on the part of the operator. In the case of minor breaches of material obligations, which violation jeopardizes the achievement of the contractual purpose or in the case of breaches of obligations that enable the proper execution of the contract in the first place, and on which the lister regularly relies, the operator is only liable for typical foreseeable damage under the contract. The operator is not liable for minor breaches of obligations other than those mentioned in the preceding provisions. The operator’s liability to commercial entities is completely excluded in the case of minor negligent breaches of contractual obligations. The limitations of liability above do not apply in the case of damage to life, body, and health and in the case of defects that have been fraudulently concealed by the operator. Any liability under product liability law remains unaffected. To the extent that the operator’s liability is excluded or limited under the provisions above, this also applies to the personal liability of employees, representatives, and agents of the operator.

(2) The operator is neither an intermediary, nor a broker, nor a seller, but merely provides a database of listings.

(3) The operator assumes no responsibility for the currentness, accuracy, completeness, or specific quality of the information provided. The operator does not inspect the content (e.g., technical) of the information published by listers. The operator’s liability for the content of information provided by listers is excluded.

(4) Any liability of the operator for damages arising from the fact that listings are not published or are published in a shortened or modified form is excluded.

(5) All information offers are subject to change and non-binding. The operator assumes no liability for errors or omissions and reserves the right to change services without prior notice. The operator does not accept any responsibility for the suitability of the services for sale or other purposes.

(6) The operator is not liable for errors in sending purchase inquiries.

(7) The operator is not liable for technical deficiencies in the performance of services.

(8) The operator is not responsible for links not created by the operator. The operator also bears no responsibility for the content of the websites of its partners (advertising).

(1) The operator’s claim to intellectual property is reserved.

(2) Further processing and use of the operator’s listings in any media by third parties requires the prior written consent of the operator.

(3) The operator reserves the copyright for published and self-created graphics, images, audio documents, video sequences, texts, and other objects. Any reproduction of such objects in other electronic or printed publications requires the prior written consent of the operator.

(4) All trademarks and signs mentioned in the operator’s services are, if necessary, protected by third parties and are subject without limitation to the provisions of the relevant applicable trademark law and the rights of the respective registered rights holders. The mere mention of a trademark does not imply that any third-party rights are not affected.

(1) The operator’s services are performed technically and legally in France in the city of MULHOUSE. If the operator’s registered office changes, this new address will become the place of performance. Any other location from which the operator’s services can be accessed remains outside the jurisdiction for contractual, liability, and legal claims related to the place of performance.

(2) The operator does not guarantee that the contents of the services comply with the legal requirements of the country in which the data is accessible.

(1) This and also the legal relationships between the operator and users are exclusively governed by the laws of the country of France.

(2) For all disputes arising from the legal relationships between the operator and users and their