General Terms and Conditions of business for the use of fipart

“fipart” refers to the service that is the subject of this contract and/or fipart GmbH.

Preamble

fipart is the combination of a trading and network platform for the aviation industry and is based on mutual trust.
By registering with fipart, the user accepts the General Terms and Conditions of Business for the usage of fipart (hereinafter referred to as “General Terms and Conditions of Business”).

fipart offers the services of fipart under the various top-level domains (fipart.com, fipart.de, fipart.eu, etc.) and under various sub-domains and aliases of these domains. All websites are hereinafter referred to as “fipart websites”.
These General Terms and Conditions of Business regulate the contractual relationship between the user and fipart, irrespective of which fipart websites the user has logged onto or registered for.

The user concludes the contract regarding the usage of the fipart services with fipart GmbH, Spitalgasse 15, D-71083 Herrenberg. The further contact details, the commercial register details and the names of the persons authorised to represent fipart GmbH can be found in the legal notice.

These General Terms and Conditions of Business can be called up, printed out, downloaded and saved by the user at any time, including after conclusion of the contract, under the link “General Terms and Conditions of Business” that can be accessed from any of the fipart websites.

Deviating conditions of the user are hereby rejected.

1. Registration:

1.1 Registration is a requirement for trading and communication via fipart. The right to register and trade is restricted to individuals and legal entities acting in the course of their commercial activities (Section 14 German Commercial Code [BGB]) or legal entities under public law. The usage of fipart by consumers pursuant to Section 13 BGB is not permitted.
The user gives assurance that the data communicated are correct.

1.2 The user may not register under several names simultaneously.

1.3 It is also prohibited to register and/or trade on the websites of fipart under a false identity. The user is responsible for ensuring that their contact details (address, e-mail, etc.) are entered immediately as part of their participant details and updated as required. The e-mail address indicated in the user details or the user’s postal address indicated there are decisive for the delivery of any declarations that are to be conveyed.

1.4 By completing registration, the user submits an offer to conclude the contract relating to the usage of the services of fipart. By activating the user, fipart accepts this offer.

1.5 The user undertakes to keep the password selected on registration confidential.

1.6 To guarantee the network-like communication via fipart, the user is obligated to link the fipart account with at least one individual (employee, hereinafter referred to as “employee”) furnished with the appropriate power of attorney (creation of an employee profile). The user undertakes to comply with all agreements between itself and fipart through the employee linked with the account. The user undertakes to comply with the statutory regulations that apply between it and the employee and/or to create the corresponding contractual basis.

2. Usage variants

2.1 fipart is available to registered users in two usage variants:
a) “Free-of-charge membership”, an area of usage with selected basic functionalities, but without full access to the platform.
b) “Fee-based membership”, an area of usage with selected basic functionalities, ranging up to full access to the platform, depending on the selected service package.

2.2 fipart is authorised to offer the technology and the structure of the fipart websites to customers as part of a “white label solution”.

2.3 Groups can be formed in the communication area of fipart. The user has no legal entitlement to be included in a group.

3. The fipart rating system

To make trading and communication on the platform even more secure, fipart uses the fipart rating system.

3.1 Users are able to rate each other at any time and also to change this rating. fipart stresses explicitly that these ratings are not reviewed by fipart and that fipart is not responsible for the content. It is therefore possible that ratings are incorrect.

3.2 In the area of the fipart rating system, the user is obligated to provide objective and truthful information and to comply with the respective valid laws. Misuse of the rating system is prohibited. This includes in particular:

  • The submission of ratings for a purpose other than that intended
  • The submission of a self-assessment (controlled rating about oneself using another fipart access point)
  • Incorrect ratings
  • The use of rating content that is immoral and relevant under criminal law
  • The use of content that contravenes the purpose of the rating system

The removal of ratings from the rating system is only possible if a user requests this in writing from fipart and the user that gave the rating has breached the aforementioned regulations or if the affected users jointly request the removal of the rating.

The rating points may only be displayed in the place provided by fipart for this purpose. Direct or indirect reference to one’s own or third-party rating points is not permitted in offers and outside of the place provided by fipart.

3.3 fipart also carries out an automated rating of the users. This is done on the basis of the following criteria, amongst others:

  • Frequency in which products and services are updated
  • Completeness of the profiles (personal and corporate profiles)
  • Reliability in answering enquiries

fipart reserves the right to adjust and modify the selection criteria for the assessment on a continual basis.

4. Prices and terms of payment

4.1 Trading and/or communication via fipart are covered by our pricelist, which also indicates the service packages that can be booked. fipart reserves the right to modify the price list with sufficient prior notice. The prices given there are binding.

4.2 Details regarding the respective fees are set out on the fipart websites. Fees are due for payment immediately on invoicing for the entire duration. If payment cannot be collected, the user shall assume all resulting costs, in particular bank changes in connection with the return of direct debits and comparable fees to the extent for which the user is responsible. If the user is in arrears with payments, fipart is entitled to calculate interest amounting to 8% above the respectively valid basic interest rate of the European Central Bank. fipart can send the users the invoices for the payment of the service packages by e-mail.

4.3 Rights of retention of the user based on another contractual relationship are excluded. Rights of retention based on the same contractual relationship are also excluded if the user is a person pursuant to Section 310 Para. 1 Clause 1 BGB and the counterclaim is disputed or has not been lawfully established. The user is not entitled to offset the fipart claim against a counterclaim, if that claim is disputed or has not been lawfully established.

5. Amendments to the General Terms and Conditions of Business

fipart reserves the right to change these General Terms and Conditions of Business at any time and without giving reasons. The amended conditions will be sent to the user by e-mail in a timely manner. Should the user reject the amended conditions, we will cancel their registration.

6. Entitlement to usage

6.1 There is no entitlement to registration and usage of the fipart websites. If the fipart websites are temporarily not available as the result of any errors in the program, a server outage or other non-foreseeable circumstances and/or should data be lost, fipart will not assume any liability for this.

6.2 The fipart websites and the fipart services are provided without any assurance with regard to availability and quality. The user acknowledges that full availability of fipart is technically not feasible. For instance, maintenance, security or capacity issues or events that are not under the influence of fipart may result in temporary disruption or non-availability of the fipart websites. fipart reserves the right to change the fipart websites at any time and without giving any reasons.

7. Duration / End / Termination

7.1 The contractual relationship between user and fipart is concluded for the duration of the package booked in each case, at least, however, for the duration of one month.

7.2 It is automatically extended by the duration of the package booked by the user in each case if it is not terminated by one of the contracting parties within the contractual period in writing or via a link on the fipart websites. Grounds for termination are not required.

7.3 The user can extend its package at any time with additional licences. The contractual duration of the package determines the duration of all associated licences. 1.6 applies accordingly with regard to each licence. 7.2 applies accordingly for the termination of licences subsequently booked.

7.4 This does not affect the right to extraordinary termination. Grounds for extraordinary termination normally exist when the user does not comply with its obligation to update its data despite having received three reminders from fipart to this effect or breaches its main obligations of performance or obligations arising from these General Terms and Conditions of Business.

7.5 If the user demands the deletion of the data saved about it (see data protection statutes) or if it deletes the data itself, the contractual relationship shall not end as a result of this.

7.6. If the contractual relationship ends, the employee profiles can be stored for the duration of one year in order for them to be reassigned later as necessary to a new contractual relationship and/or a new user. The user already grants its consent to this now. The profile is saved solely with the personal details and contacts. Business transactions and/or data from which the business activity of the original user can be concluded or which disclose these will be automatically deleted. The employee cannot derive any rights for himself/herself from this provision.

7.7 If the “user-employee” relationship ends, the user undertakes to proceed pursuant to 1.6. 7.5 applies accordingly with regard to the personal details of the employee who has left the company.

7.8 The user is authorised to replace the individual linked with the account at any time. 7.5 applies accordingly.

8. Communication and trading place (TRADING & NETWORKING)

8.1 The websites of fipart are a trading place for sellers and buyers, where it is possible to communicate and trade with other users.
Contracts for merchandise offered are concluded solely between the users (seller and buyer). The users of fipart cannot derive any rights towards fipart from the legal relationships established with other users; in particular, fipart is not liable for the fulfilment of the contracts concluded between the users.
fipart has no influence over the quality, security or lawfulness of the products offered, the truthfulness and correctness of the offers or the entitlement of the sellers to sell the products or the ability of the buyers to buy them. In addition, fipart does not check the implementation of the contracts.

8.2 The users undertake to keep the offer data communicated to fipart up-to-date.

8.3 In order to improve the service and offering for its customers, fipart works in cooperation with selected and verified partners. These partners can, for instance, provide the user with an additional offer with regard to their enquiry. fipart undertakes to ensure that the trading principles are complied with in this context.

8.4 fipart uses “landing pages” to improve its service. The user consents to the fact that his offers can also be found on “landing pages” using search machines. fipart owns the domains of the used “landing pages”.

8.5 It should be noted that in sales or purchases via the Internet there are risks involved that are inherent to the medium. Identification of users on the Internet is difficult. fipart recommends contacting the seller before purchasing a product to convince oneself of the reputability of the contractual partner.

9. Obligations of the user

9.1 The seller must place its offer in the corresponding category and describe it correctly and in full. In the process, the seller must provide truthful information about all the fundamental features and properties for the purchase decision as well as faults that substantially reduce the value of the merchandise offered. In addition, the seller must provide users with full information about the ownership of the product offered, its powers of disposal over the product, its ability to deliver, the length of the validity of the offer and the details about payment and delivery/fulfilment.

9.2 The seller can describe its product with words, drawings or images. The description of the merchandise as well as drawings and images may not contain any advertising for products other than those advertised, in particular not through reference by means of links to the user’s own homepage. No laws or regulations may be breached (in particular copyright or unfair competition regulations, discrimination bans, etc).

9.3 The user offering the service or products must indicate any VAT or other price components incurred additionally. In addition, the seller must inform the users about any delivery and shipment costs to be incurred.

9.4 fipart reserves the right to assign the offered products to another offer category than that selected by the supplier.

9.5 The user has the following additional obligations:
a) To provide truthful and non-misleading information in the personal profile and in its communication with other users. Pseudonyms etc. are not permissible.
b) Only to transmit photos of the assigned person and/or logos/photos of the company that are up-to-date and that the user is authorised to use. The transmission of personal photos that do not depict the person assigned to the account is not allowed.
c) Not to bother other users.
d) To desist from actions that impede fair competition.
e) To desist from sending chain letters, using the platform for snowball systems, to use offensive, pornographic or other content that breaches the General Terms and Conditions of Business of fipart or the laws of the Federal Republic of Germany.

9.6 Points 9.1 to 9.5 apply accordingly for services offered.

10. List of prohibited merchandise / services

It is forbidden to offer merchandise / services, the offer or sale of which breaches statutory regulations or public morality. In particular, the following products may not be offered:

  • Anything that does not comply with the object and purpose of the fipart services
  • Illegal software (this breach will be reported immediately to the manufacturer of this software)
  • Stolen products and pirate copies or forged products
  • Products that breach copyright, patents, trademarks, company secrets or other intellectual property rights, individual rights or data protection rights of third parties
  • Scripts, videos and illustrations that are harmful to young people
  • Securities

11. Data protection

11.1 All data communicated to fipart are collected, saved and processed pursuant to the provisions of the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG) for the fulfilment and implementation of the contract.

11.2 Data will only be forwarded to third parties to a limited extent pursuant to the data protection statutes of fipart. The user declares its consent to this

11.3 On registration, the user acknowledges the data protection statutes of fipart and gives assurance that it has noted these

12. System integration

The user is not authorised to use mechanisms, software or other routines that disrupt the functioning of the fipart website or a sale that is carried out on the fipart websites, or attempt to do so. The user may not take any measures that result in an unreasonable or excessive burden on the technical infrastructure. The user may not publish the password assigned to its account or disclose it to others or use it without authorisation for other purposes. The content of our website may not be copied, disseminated or used or copied in any other way without the prior written approval of fipart or any other holders of rights; this approval may be given by e-mail. This also applies to the copying by means of “robot/crawler” search engine technologies or other automatic mechanisms.

13. Limitation of liability

fipart is only liable for wilful intent and gross negligence; in the case of the breach of fundamental contractual obligations, however, for each act of culpable behaviour by its employees. fipart is not liable for indirect damage, in particular not for loss of earnings, unless this loss is based on wilful intent by employees or wilful intent and gross negligence by legal representatives and managers of fipart. With the exception of wilful intent by employees and wilful intent and gross negligence by legal representatives and managers, the amount of the liability is restricted to the damage that is typically foreseeable on conclusion of the contract.

14. Indemnification

The user indemnifies fipart from all claims that third parties make against fipart due to a breach of their rights or due to breaches of rights resulting from the offers and/or content placed on the fipart websites by the user. In this context, the user shall also assume the legal defence costs of fipart, including all court and lawyers’ fees.

15. General compliance with the laws

The user has a duty to comply with all valid laws, regulations and other national legislation of all the states possibly linked to the trading activity, which apply to its usage of the fipart services and its offers, listings and its purchase and sale of products.

16. Notifications

All declarations that one contracting party communicates to the other in connection with these General Terms and Conditions of Business must be made in writing. The user’s address is the address made available to fipart on conclusion of the usage agreement or notified at a later date

17. General provisions

17.1 These conditions of usage and the contractual relationship are subject to German law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction is 72622 Nürtingen.

17.2 If a provision of these usage conditions should be invalid, the remaining provisions shall not be affected. The invalid provision is deemed to have been replaced by a provision that commercially comes closest to the meaning and purpose of the invalid provision in a legally valid manner. The same applies for any gaps in the provisions.
If you have any further questions, please feel free to contact us using via management@fipart.com.

Last updated: April 2016