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General Terms and Conditions of Reichmann & Schrepf GbR / Figuren Journal® for provision of a communication, trade and logistics’ platform on the Internet

§1 General Terms

(1) The following conditions of contract refer to all contractual relationships between Reichmann & Schrepf GbR, Kehlweg 13, 65239 Hochheim, Germany - hereinafter referred to as „Figures Journal“ – and the users of this internet platform and are expressly accepted upon registration with the Figures Journal website or when making use of any service offered.

§2 Definition of the Platform

(1) Figures Journal offers on this website an interactive platform for enthusiasts, collectors and traders, which enables registered users (hereinafter referred to as „members“) to offer and sell goods or services as well as buy these.

(2) The focus of this platform is to offer a specialized sales platform for enthusiasts, collectors and traders of figures of any kind and related accessories.

§3 Terms of Membership

(1) To make active use of any services offered on this website, a registration is necessary.

(2) We offer a free as well as various fee-based memberships. Descriptions of the respective scope of services can be found in the specification of services which can be accessed via the "memberships“-button.

(3) To register for a fee-based membership, a previous registration for a free membership (BASIC) is a prerequisite.

(4) Every user can only register as a member once on this website.

(5) To establish a BASIC membership on this website, the personal data (surname, first name, eMail-address, language) of a user must be registered on „Member Registration“. Furthermore,  a member name and a password have to be chosen. After the data has been sent via the button „register“, the eMail-address will be verified and an activation code will be sent. By entering the activation code, the member's account will be activated and the user contract for the free membership BASIC comes into effect.
The establishment of a membership can be recalled at any time up to this point.

(6) BASIC members can request the deletion of their registration with Figures Journal at any time. The request must be in text form. The account will be deleted immediately at the receipt of the deletion request..

(7) A fee-based membership can be established through a separate user contract after the user has been registered for a BASIC membership. The necessary forms of agreement can be found on the „membership“ site and must be filled in and signed before submitting them to Figures Journal via mail or fax. Obtaining access to Figures Journal, the user accepts a binding offer at the conclusion of the agreement to which they are obligated for 7 days. The establishment of the membership (conclusion of contract) is declared by acceptance in text form.

(8) There is no entitlement to the acceptance of a membership. Figures Journal reserves the right to deny memberships without reason and to exclude registered BASIC members from the interactive platform for collectors. Excluding members with a fee-based membership includes the termination of the separately signed user contract.

(9) A membership cannot be transferred. The member name as well as the password must be kept secret and may only be used by the member itself.

§4 Client's Cancellation Right

A consumer is any legal entity which concludes a legal transaction for a purpose that cannot be ascribed to a commercial or independent business activity.
Cancellation policy

(1) Cancellation right
The contract can be cancelled within 14 days, without giving any reason, in writing (i.e. mail, fax, eMail). The cancellation period begins with the receipt of this cancellation policy in writing, however, not before the conclusion of the contract or the fulfilment of our information requirement according to article 246 section 2 in conjunction with section 1 (1) and (2) of the Introductory Law to the German Civil Code, as well as our duty according to section 312e (1) line 1 of the German Civil Code in conjunction with article 246 section 3 of the Introductory  law to the German Civil Code. To guarantee a cancellation within the term, it suffices to send the cancellation in writing in due time.
Cancellations are to be sent to:
Reichmann & Schrepf GbR, Kehlweg 13, 65239 Hochheim, Germany

(2) Consequences of cancellation
In the event of effective cancellation, the services mutually received shall be returned; any benefits already realised (e.g., interest) shall be returned as well. If the received service can only be returned partly or in a deteriorated condition, compensation may have to be made. This may lead to the contractual payment obligations still having to be fulfilled until the cancellation. Reimbursements must take place within 30 days. The term for the user begins with the sending of the declaration of cancellation, and for Figures Journal with receipt of such.

(3) Special note
Your right of cancellation shall expire prematurely if the agreement, at your express request, has been executed in full by both parties prior to your exercising your right of cancellation.
End of the cancellation policy

§5 Prices/Conditions of Payment

(1) Monthly fees for fee-based memberships can be found on the price lists in the section „memberships“. The prices include the German value added tax, therefore there will be no more additional costs.

(2) The fee must be paid in advance on the first day of the agreed invoicing period (every month, 3, 6 or 12 months) and will be withdrawn from clients with a German bank account by automatic debit transfer system. Members, who do not have a German bank account, will have to transfer the fee to the bank account of Figures Journal.

(3) If an invoice has not been paid within two weeks, Figures Journal reserves the right to block the account of a member until the account has been settled entirely. The amount to be paid will not be increased.

§6 Marketplace/Sales List

(1) Figures Journal provides a sales list on its' marketplace for trading figures and accessories or other kinds of articles.

(2) The sales list represents exclusively a platform for the contact between traders and buyers. The execution of the transaction is solely the responsibility of the trader and the respective buyer. A contract for the offered goods includes the trader and the buyer only, Figures Journal will not be a contracting party in the contract.

(3) Figures Journal does not assume any liability for the offered goods and services towards seller or buyer. In particular, Figures Journal has no influence on the quality of the offered goods, the truthfulness or accuracy of bids and offers made by buyers or sellers. Furthermore, Figures Journal does not have any information or knowledge with regards to vendors’ authority to sell merchandise, as well as the credit-worthiness of the buyer.

(4) The seller is fully responsible for the offers they place on the sales list. By putting the offer on the list, the seller guarantees that no copyright or trademark law or other third-party rights are infringed. Furthermore, the seller guarantees that they are really the owner of the article offered and that they are willing to sell the article at the price indicated. The seller exempts Figures Journal from all claims which may arise from their infringement of third-party rights. This also includes the costs of legal representation which will be necessary in this case.

(5) The seller has to place his offer in the respective category and has to describe it accurately and completely. They have to truthfully indicate all main features and characteristics which may be decisive for a buyer's decision, in particular those, which may influence the value of the offered article. The description and the pictures may not contain advertisement for other articles than the one offered. Links to websites which are not part of Figures Journal are prohibited.

(6) Members are prohibited to sell new technical literature on the sales list.

(7) Every selling offer will receive a serial number from the selling list. Every item on offer may only be offered under one number. It is in particular prohibited, to delete offers for a short time in order to place them in first position on the selling list again.

(8) It is prohibited to offer objects whose offering, sale or purchase infringe the criminal laws of Germany. Seller and buyer assert that they will only offer or acquire figures and accessories from the time of the Third Reich for the use of civil enlightenment, prevention of anti-constitutional endeavours, for science, research or education, for the reporting of proceedings of the present time or of history or for similar purposes (Sections 86, 86 a Strafgesetzbuch der Bundesrepublik Deutschland / Criminal Code of the Federal Republic of Germany). The depiction of unconstitutional symbols on the selling list, in particular those from the time of the Third Reich, is expressly prohibited and have to be made completely illegible where these exist.

(9) The seller can add one picture per offer to the description for free. Only pictures for which the seller has the copyright or a sufficient right of use can be used for the pictorial description.

(10) Figures Journal reserves in particular the right to reject offers anytime without further notice, notification and without giving any reason, or to delete the offer from the sales list if a breach of the rules for the offering of articles occurs. If a breach of the rules occurs again, Figures Journal has the right to delete the member's account or to cancel the user contract in the case of a fee-based membership. The payment of the agreed fees will remain unaffected.

§7 Liability

(1) Figures Journal assumes unlimited liability for injury to life, limb and health in the case of intent and gross negligence, or if it guaranteed for the condition or nature of the purchase item, in all cases of gross negligence or malice, or damage according to the provisions of the Produkthaftungsgesetz / Product Liability Act or to the extent otherwise legally mandated.

(2) In the event of minor negligence of a duty that is essential to the achievement of the purpose of the contract (cardinal obligation) the liability of Figures Journal in terms of the amount shall be limited to the damage which is predictable and typical according to the type of the relevant business.

(3) In the event of minor negligence of a duty that is not essential to the achievement of the purpose of the contract, Figures Journal is not liable for slightly negligent infringements.

(4) It cannot be guaranteed that the data communication via the internet will always work flawlessly and / or always be available. In so far, Figures Journal is not liable for the permanent, uninterrupted availability of the website and the services offered on the very same.

(5) Figures Journal is not liable for the loss of any data transferred to the web-server. Every user has to take appropriate measures themselves to secure their data, in particular pictures and descriptions of the offers.

§8 Forum

(1) Through the forum, Figures Journal offers all members a world-wide platform to contact other members, send messages and exchange information.
The forum includes:
- Expert Forum
- online chat
- PinBoard

(2) The forum is to be used for the exchange of information between collectors and figure enthusiasts. Only posts which refer to the topics of stand-up displays and accessories can be placed in the forum. The different areas may only be used according to their purpose. In particular, no enquiries or selling advertisements may be placed in the Expert Forum. Enquiries should be posted on the PinBoard, and selling advertisements on the selling list.

(3) The forum is free to use for all members. To avoid a possible misuse of the forum, the active usage of the forum is limited to signed-in members.

(4) All posts will be published under the name of the respective user. In the Expert Forum as well as in the online chat, a picture can be uploaded for clarification. For the upload of posts and pictures, Section 6 (8) and (9) apply by analogy.
Posts in the forum reflect only the opinion of the respective author and do not reflect in any way the opinion of Figures Journal. Every user is fully responsible for their posts. When placing posts, statutory provisions shall be adhered to.

(5) Entries with a promotional nature are not permitted. In particular, it is prohibited to state email addresses, phone numbers and internet addresses.

(6) Entries in the forum cannot be deleted by the author.

(7) Figures Journal is not responsible for the content of the entries. Figures Journal reserves the right to edit or delete entries in the forum at any time and without further notice.

§9 Agenda

(1) In the agenda, event dates with a connection to the topic of figures and accessories are shown. Figures Journal does not claim that the agenda is complete. It is, however, free of charge.

(2) Only event dates which Figures Journal has been notified of by the organizer or where the publication has been authorized by the organizer will be shown in the agenda.

(3) No liability will be assumed for the dates published on the agenda. This refers in particular to the date, the venue, the actual implementation and the kind of event. Therefore, it is strongly recommended to contact the organizer personally before the event.

(4) Figures Journal reserves the right to reject adding dates to the agenda without giving any further reason.

§10 Confidentiality

(1) Figures Journal uses an EDP system to process and save the data submitted by the users for business purposes. Personal data will be treated confidentially.

(2) The user agrees expressly to the registration, processing and utilization of personal data. They have the right to withdraw their consent at any time with future effect.

(3) Registration and processing of personal data / transfer: Figures Journal will only register personal data if absolutely necessary. Figures Journal will not disclose these to third parties. The only exception are service partner which work with Figures Journal in order to implement their offers. In these cases, Figures Journal will strictly observe the statutory provisions of the Federal Data Protection Act. The extent of the data transfer will be limited to a minimum.
(5??) Disclosure, correction, blocking and deletion of data:
Users have the right of disclosure, correction blocking or deletion of their saved data at any time. For this purpose, Figures Journal can be contacted at any time. Contact details are in the site notice.

§11 Place of Fulfilment, Place of Jurisdiction

(1) German law shall apply, to the exlcusion of UN law. For any consumer, this choice of law applies only to the extent that the protection granted by the mandatory provisions of the law of the country of the consumer's usual residence is not deprived (favourability principle).

(2) Place of fulfilment for all services from the business relations with Figures Journal, as well as the place of jurisdiction, is the place of business of Figures Journal, as long as the contractual partner is not a consumer, but a business partner, a legal entity under public law or special fund under public law. The same shall also apply if the user does not have a general place of jurisdiction in Germany or the EU or if their domicile or their habitual residence is not known at the time of filing an action. The capacity to appeal to another court of jurisdiction remains thereby unaffected.

(3) Contract language is German.

(4) The latest version of the general terms and conditions is always available on the website of Figures Journal. Since contract text storage will only take place on a limited scale by Figures Journal, it is the users responsibility to save and secure them accordingly.

§12 Alteration of the General Terms and Conditions

(1) Figures Journal reserves the right to alter these general terms and conditions at any time and without justification.

(2) The altered terms and conditions will be sent to the user at the latest two weeks after their coming into effect.

(3) If the recipient does not enter an objection against the validity of the new terms and conditions within two weeks of receiving the email, the altered terms and conditions are considered accepted. Figures Journal will indicate the significance of this two week period separately in the email which contains the altered terms and conditions.

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