General Terms and Conditions for the use of the WheelSpot services by private customers (“Consumer Terms”) accessible via the website www.wheelspot.net , .at, .de, .ch
2. Performances of WheelSpot
2.1. The database operated by WheelSpot stores rim and tire advertisements. WheelSpot grants its users online access to the content stored in the database via the “Search” section, as well as the setting of its own content (” Advertisements “) in the database via the “Advertise” section. WheelSpot is not an intermediary, not a buyer or seller and not a representative of the buyer or seller of the rims or tires stored in the database, but merely a technical service provider.
2.2. Allowing content to be accessed or stored in the database is at the discretion of WheelSpot. A claim by the user to retain certain services or parts thereof does not exist.
3. Registration by the user
3.1. The use of certain services of WheelSpot requires the registration of the user on the website of WheelSpot. The registration is only allowed to adults and full legal users. Only registered users can post advertisements in WheelSpot’s database.
3.2. When registering, the user must provide his name, address, telephone number, e-mail address and password. The user has to make the information on the registration form truthful and to update the information without delay. Each user may only register once with WheelSpot. Registrations are not transferable and may only be used by the registered user.
3.3. The e-mail address and the password are the access data for the use of WheelSpot’s registered services. The user has to keep the password secret and may not pass this on to third parties. Should third parties become aware of the user’s password, the user must immediately notify WheelSpot and change the password.
3.4. WheelSpot reserves the right to delete registrations in which the user has not logged in for more than 12 months.
3.5. For the personal data of the user collected during the registration our data protection advice applies.
4. Setting content to the database
4.1. By submitting the registration data and the content intended for inclusion in the database, the user makes an offer to WheelSpot to conclude a contract for the temporary recording and provision of the content in the database. WheelSpot decides upon receipt of the offer about its acceptance. The acceptance of the offer takes place by the inclusion of the content in the database.
4.2. The admissible number of advertisements available in the database at the same time is limited to two advertisements per user and the user may not advertise more than two different vehicles within one calendar month. If the user holds more than two advertisements in the database at the same time or if the user advertises more than two different vehicles in the calendar month, WheelSpot authorizes the deletion of the advertisements. A circumvention of this rule, in particular by the use of several registrations, also entitles WheelSpot to the deletion of the advertisements and the registrations.
4.3. The advertisements can be accessed via the database for eight weeks, provided they are not deleted by the user. At the end of the eight weeks, WheelSpot’s listing can be deleted.
4.4. The placement of advertisements is at the discretion of WheelSpot. WheelSpot reserves the right at any time to limit the availability of advertisements in the database in terms of space and time, as well as to delete listings from the database or to prevent the forwarding of advertisements that do not meet the requirements for the design of advertisements WheelSpot are unlawful or objected to by third parties.
5. Responsibility for content
5.1.The user is responsible for the content posted by him. In particular, he is responsible for ensuring that the contents are not illegal and do not violate the rights of third parties (eg copyrights or trademark rights). WheelSpot is not obliged to check whether a content posted infringes the rights of third parties or violates legal regulations. The user is obliged to correct or delete the content he has posted, provided that they do not meet the requirements for the design of advertisements . Changes can be made by the user via the menu “My WheelSpot”.
5.2. The user exempts WheelSpot from all claims of third parties, including the legal costs incurred, resulting from the content of the user being transferred to the WheelSpot database in the same way.
5.3. The user must ensure that the files transmitted by him do not contain viruses or similar harmful programs. WheelSpot can delete such files without entitling the user to any claims. WheelSpot reserves the right to compensation for virus-related damage.
6. Rights of use
By submitting advertisements, the user grants to WheelSpot and its affiliates the following non-exclusive, transferable, temporally and territorially unlimited rights (including the right to grant sublicenses) in the submitted content:
the archiving and database right, ie the right to archive the content in any form and in particular to digitize recorded in databases and stored on all known storage media and on any medium and connect with other works or parts;
the right of reproduction and distribution, ie the right to store, duplicate and freely make available or distribute the content in electronic or other media (eg Internet, newspapers, magazines);
the right to edit, ie the right to edit the content as desired, in particular to change, shorten, supplement and connect with other content.
WheelSpot is in particular also permitted to have the aforementioned actions carried out by third parties.
7. Rights to the database
7.1. WheelSpot is the owner of the content of the website and the database. All copyrights, trademark rights and other proprietary rights to the database, the database and the content, data and other elements set out here belong exclusively to WheelSpot; Any rights of the user to the content he has posted remain unaffected.
7.3. The user may not use the data obtained by retrieval, either in full, in part or in full, to set up his own database in any media form and / or for commercial exploitation or disclosure of information and / or for any other commercial use. The linking, integration or other linking of the database or individual elements of the database with other databases or meta-databases is inadmissible.
8.1. WheelSpot assumes no responsibility for the accuracy and completeness of the information provided and statements made by users and for the identity and integrity of users.
8.2. The content or advertisements entered into the database are third-party content for WheelSpot within the meaning of Section 13 (1) E-Commerce Act (ECG). Accordingly, the legal responsibility for this content lies with the person who posted the content in the database.
8.3. WheelSpot does not warrant for technical defects, in particular for the permanent and uninterrupted availability of the database and its contents, or for the complete and error-free reproduction of the content put into the database by the user.
9.1. The following applies to damage caused to WheelSpot by WheelSpot, its subcontractors or their vicarious agents in connection with the services of WheelSpot: In the case of intent or gross negligence or in the case of a guarantee, the liability is unlimited. In case of slight negligence, the liability in case of injury to life, body or health is also unlimited. In the event of a slightly negligent breach of essential contractual obligations, the liability is limited to property and pecuniary losses attributable thereto in the amount of the foreseeable, typically occurring damage. Any further liability for damages is excluded except for claims under the Product Liability Act.
9.2. WheelSpot is liable for data loss as well as costs of useless data entry within the scope of the above provisions only to the extent that could not have been avoided even if the user had stored the data available with him in the most recent processing state in machine-readable form.
9.3. Any contributory negligence of the user must be taken into account in any case. In particular, the user is obliged to check the data he has provided and that WheelSpot has displayed, at least by means of a one-time search query.
9.4. The above provisions also apply to the employees of WheelSpot.
10.1. Users can terminate the services of WheelSpot at any time. For this purpose, a user can delete his registration at any time. From this point on, it is no longer possible for the user to set up new goods or to process existing advertisements.
10.2. WheelSpot may terminate the Services to Users at any time with 14 days notice. The right to block a registration or to delete individual advertisements remains unaffected.
11. Final provisions
11.1. The legal relationships between WheelSpot and the user are subject to Austrian law to the exclusion of UN sales law.
11.2. Jurisdiction is Innsbruck, unless a consumer business in accordance with § 1 KSchG (Consumer Protection Act) is present.
As of 06.12.2017