General Terms and Conditions

§1 General Preliminary Remarks and Definitions of Terms

  1. This website is operated by, or on behalf of Arvaloo GmbH located in Am Jugendwerk 7 Mainz, Germany, together with call centers and service centers relating to the website and its services. By using our website or any other of our digital and personal services, you agree to comply with and be bound by the following terms and conditions (“Terms of Service”) in combination with our privacy policy and any other documents referred to therein. If you do not agree to these Terms of Service, you must not use this website or any of the services provided by Arvaloo.
  2. We reserve the right to amend these Terms of Service from time to time. Any changes will be posted on the website. Your continued use of the website or any other service provided after posting will constitute your acceptance of, and agreement to, any changes. Additional services that we offer or make available to you may also be governed by additional or alternative terms of service with us or other third parties.
  3. Definitions of Terms
    1. The operator of this website, referred to as “Arvaloo” and “We” in the following ToS.
    2. Everyone using our website to sell goods/and or services, referred to as “Supplier” in the following ToS.
    3. Everyone using our website to buy goods and/or services, referred to as “Buyer” in the following ToS.
    4. Everyone using our website, referred to as “User” in the following ToS.
  4. Based on his/her behavior and intentions, a user will be classified as “Supplier” or “Buyer” in accordance with the preceding definition of terms. For users selling and buying on our website, both definitions might apply. 

§2 Registration

  1. Each user must be at least 18 years or older to create an account on this website and make use of our services. 
  2. The user warrants that the details he provides on registration are true, accurate and current. The user must promptly update us with any changes to his account details.
  3. Where the user registers using a social media account, she is responsible for maintaining confidentiality of that social media account login.
  4. The user agrees that any person that has access to her email-address or social media account is authorized to act as her agent for the purpose of transacting for any services via this website, and the user will be responsible for any and all activity conducted using her email address or social media account. 
  5. It is the user’s responsibility to take reasonable steps to prevent unauthorized access to his account via any computer or device that he uses to access his account or via his social media account. 
  6. If the user believes someone has, without authorization, accessed an account that she created on this website or that respective email-address or social media account has been compromised, please contact us immediately.
  7. Independent of the user’s decision on receiving marketing emails by us or any third party, we reserve the right to send service emails regarding the user’s account or any changes of our website and/or services that will have an immediate impact on respective account. 

§3 Responsibilities

  1. Each user must be at least 18 years or older to create an account on this website and make use of our services. 
  2. The user warrants that the details he provides on registration are true, accurate and current. The user must promptly update us with any changes to his account details.
  3. Where the user registers using a social media account, she is responsible for maintaining confidentiality of that social media account login.
  4. The user agrees that any person that has access to her email-address or social media account is authorized to act as her agent for the purpose of transacting for any services via this website, and the user will be responsible for any and all activity conducted using her email address or social media account. 
  5. It is the user’s responsibility to take reasonable steps to prevent unauthorized access to his account via any computer or device that he uses to access his account or via his social media account. 
  6. If the user believes someone has, without authorization, accessed an account that she created on this website or that respective email-address or social media account has been compromised, please contact us immediately.
  7. Independent of the user’s decision on receiving marketing emails by us or any third party, we reserve the right to send service emails regarding the user’s account or any changes of our website and/or services that will have an immediate impact on respective account. 

§4 Additional Responsibilities

  1. The user is obliged to report any transactions and respective details (amount of goods, cost of goods, etc.) between himself and a third party if the transaction has been facilitated by this website and the transaction itself has been performed using channels other than this website. 
  2. The supplier is solely responsible for maintaining the actuality and correctness of her product assortment on Arvaloo. Portfolio changes and other changes that refer to the product at hand must be changed and/or submitted to Arvaloo immediately
  3. The user is obliged to guarantee that his data is actual and correct at any time. This applies to personal data, transaction related data, payment details and the product portfolio.
  4. The user is liable for any damages that arise from the provision of untrue data or is stems from fraudulent behavior of the user. 
  5. The user is responsible for sticking to the agreed-upon buying contract. If any involved party does not do so, we reserve the right to take corrective and supporting actions.
  6. The supplier is responsible for the legal compliance of his product in his home country, the transit countries and the country of destination. The user is required to inform himself about and conform to any special requirements that might apply to the products sold/bought. Arvaloo will maintain a safe marketplace, though we are not a chemical laboratory thus not able and willing to check the product for its ingredients. 
  7. The user is obliged to stick to the stipulated statements made by herself and/or any representative as defined in these ToS. If there are any unforeseeable problems that will prevent the user or one of her partners to adhere to the statements made, she will have to inform the contracting parties as well as Arvaloo stating valid reasons for the disruption and when she will be able to deliver. 
  8. We reserve the right to negotiate individual provision contracts or terms and conditions with other parties. 
  9. Furthermore, we reserve the right to delete or block users from its website and related services. 

§5 Materials Provided by the Seller

  1. With submitting content on this site or otherwise providing content to Arvaloo, the user grants us a worldwide royalty free, perpetual, irrevocable, and non-exclusive, sub-licensable and fully transferable license to use, reproduce, display, sell, modify and edit the content. The user waives any moral rights she may have in the content. We will not pay you any fees for the content and reserve the right in our sole discretion to remove or edit it at any time. We reserve the right to inform the user via e-mail if any corrective action had to be performed on the content provided. Furthermore, the user warrants and represents that he is in the possession of all rights necessary to grant us these rights. 
  2. We will permit the user to post content on this website in accordance with our procedures and provided that the content is not illegal, obscene, abusive, threatening, defamatory or otherwise objectionable to us.
  3. Any personal data that a user provides via the website will be governed by our privacy policy. 

§6 Disclaimer and Liabilities

  1. This website (including all content on it) is provided by us on an “as is” and “as available” basis and we make no representations, guarantees or warranties of any kind either expressed or implied.
  2. In particular, without limitation, we will use reasonable care and skill to ensure that information provided to us by the suppliers in respect of their services or otherwise is accurate, but you acknowledge that we obtain this information from third parties and we cannot, and do not, provide any representations guarantees and/or warranties as to quality, suitability for any purpose (including your needs), compatibility, reliability, accuracy, completeness, timeliness, access or use of information provided by any supplier and or is accessed or obtained by you via the website other subsidiaries of our company or otherwise through using our service.
  3. We make the Arvaloo website available for EU, Switzerland and Ireland residents only and in doing so we are not making any offer or promotion of any services or products to persons or organizations that are not residential in respective countries.
  4. We make no representations, guarantees or warranties that the services we offer are available or appropriate for use by those outside of the countries afore mentioned. Furthermore, we reserve the right to adjust the availability of services and offerings based on their compliance with local regulations. Even if respective users, buyers and suppliers are within the group of countries served.
  5. It is the user’s responsibility to evaluate the quality suitability, accuracy, completeness and reliability of information on this website and information accessed or obtained by the user through using our services, and any information or content contained therein.
  6. We accept no responsibility and make no representations, guarantees, or warranties that the website will operate continuously without interruptions or be bug-free. We may need to make the website unavailable with or without notice to carry out maintenance or upgrade work. We accept no liability for any interruption or loss of service.
  7. Nothing in these Terms of Service excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by German law.
  8. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to this site or any content on it, whether expressed or implied.
  9. We will not be liable to any user for loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
    1. Use of, or inability to use, this site and/or our services.
    2. Use of or reliance on any content displayed on this site.
    3. Any failure or delay in any component of our site, the provision of any service or the provision by a supplier of its services to any user or third party.
    4. Any use of or reliance on any information, material, software, products or services obtained through this website or other services that we provide including, without limitation, any information, material, software or services of any supplier.
    5. Any transaction or agreement between the user and any supplier, or attempt to enter into an agreement or transaction with any supplier, in all cases even if we have been forewarned of the possibility of such loss or damage.

§7 Additional for Business Users

  1. We offer our service exclusively to business users that provide proof of registration in their country.
  2. We will not be liable for 
    1. loss of profits, sales, business or revenue
    2. business interruption
    3. loss of anticipated savings
    4. loss of business opportunity, goodwill or reputation, or 
    5. any indirect or consequential loss or damage

§8 Disclaimer

  1. We assume no responsibility for the content of websites or resources linked on this site. Such links should not be interpreted as endorsement by us. We will not be liable for any loss or damage that may arise from the user’s use of them.

§9 Indemnification

  1. Each user agrees to indemnify, defend and hold us and our affiliated companies, shareholders, officers, directors, employees, agents, suppliers, or any other stakeholder harmless from any and all claims or demands, made by any third party due to, or arising out of, the user’s use of this website or through the user’s e-mail address, social media account, or otherwise, the violation of these Terms of Service by the user, or the infringement by the user of any intellectual property or other right of any other person or legal entity.

§10 Digital Threats and Viruses

  1. We give all we can to maintain a secure environment.
  2. We do not guarantee that the website will be secure or free from bugs or viruses.
  3. The user is responsible for configuring his information technology, computer programs and platforms in order to access the website. We advise all users to make use of proper anti-virus software. The user must not misuse the website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. The user must not attempt to gain unauthorized access to the website, the server on which the website is stored, or any other server, computer or database connected to the website. 
  4. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or any other technologically harmful material that may infect the user’s computer equipment, computer programs, data or other proprietary material due to the use of, and download of any content from, our website or any website linked to it.

§11 Intellectual Property

  1. We are the owner of licensee of intellectual property rights in the website, information and the content available on the website, any database operated by us, any proprietary software utilized by us to enable you to use this website (software) and the underlying source code. Much of this information and contend is protected by copyright, trademark, database rights, design rights including the “look and feel” and other visual or non-literal elements, and/or other intellectual property rights whether registered or unregistered.
  2. Our logos, together with our trade marks and/or service marks, may not be copied or reproduced without our prior written consent. All rights are reserved.
  3. We grant our users a non-exclusive, non-transferable license to use the software solely in executable form and only to the extent necessary for the use of our website, and for no other purpose.
  4. The user must not use an automated program, including, without limitation, any web-crawling or screen-scraping software or any equivalent technology or techniques, to access the website for the purpose of collecting, obtaining and/or accumulating (or any other similar activity) data or content on this website. Any such use of an automated program is prohibited and shall be a breach of these Terms of Service. 
  5. A user may not reproduce, republish, transmit or distribute any material, information or content on this website, or that form part of our services, without our written consent.
  6. However, the user is granted a limited right to access and use the website and our services, and retrieve, display and print content pages, for the user’s own use and to the extent necessary for use of the website and our services only. We reserve the right in our sole discretion and without notice to the user, to terminate his license and to prevent future access to this website.

§12 Third Parties

  1. This website may contain links to third party products, services and/or websites that are not affiliated with us. We have no control over the products, services or websites of these third parties and we do not guarantee or take responsibility for them.
  2. This website may also contain advertising from third parties, and we are not responsible for any misleading or inaccurate advertisements which are the sole responsibility of the advertiser. Any links or advertisements on this website should not be taken as an endorsement by us of any kind.
  3. This website contains data provided by third parties and we accept no responsibility for any inaccuracies in this material. The user agrees to release us from claims or disputes of any kind arising from disputes with third parties.

§13 Restriction on Use

  1. Every user agrees not to:
    1. Transmit any material designed or engineered to interrupt, damage, destroy or limit the functionality of our website.
    2. Use any automated software to view our website without our written consent and to only access our website manually.
    3. Use our website other than for your own personal and business use.
    4. Use our website as an agent or agency listing products on other websites.
    5. Attempt to copy our data or reverse engineer our processes.
    6. Use our website in any manner that is illegal, immoral or harmful to us. This includes the commission or facilitation of any fraud against us or any legitimate user of this website.
    7. Use our website in breach of any policy or other notice on our website.
    8. Remove or alter any copyright notices that appear on our website and the content distributed by us.
    9. Publish material that may encourage a breach of any relevant laws and regulations.
    10. Interfere with any other user’s enjoyment of, and interaction with, our website.
    11. Transmit materials protected by copyright without permission of the owner.
    12. Conduct herself in an offensive or abusive manner whilst using our website or any related service.
  2. We shall be entitled to suspend the service and/or terminate these Terms of Service without notice to you if you commit a breach of these ToS, and these restrictions on use, which in our reasonable opinion, is serious enough to merit immediate termination.

§14 Closing Provisions

  1. These terms of service are governed by German law and the contract between any user and us is made in Germany.
  2. Any disputes will be settled in German courts.
  3. We may take action to enforce our intellectual property rights in any relevant jurisdiction.
  4. If any provision of these Terms of service is found to be unenforceable, it will be replaced with a provision reflecting the intent of the original provision.
  5. Headings, symbols and other optical elements are solely used for convenience only.
  6. You may not assign or delegate any or all your rights or obligations in this agreement. We may assign this agreement at any time without notice to you.
  7. Our delay or failure to exercise or enforce any right or provision of these terms of service shall not constitute or be construed as a waiver of such right to act. We shall not be responsible for any breach of these terms of service caused by circumstances beyond our control.
  8. Nothing in these Terms of service shall be construed to create a joint venture, partnership, or agency relationship between any user and us, and neither the user or we shall have the right our authority to incur any liability, debt, or cost, or enter into any contracts or other arrangements, in the name of or on behalf of the other.

Updated: 19.4.19

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