General Conditions of Use and Information Customers
I. Terms and Conditions
The following Terms and Conditions are applicable for the use of the webpage (hereinafter referred to as e-pard.com) available under https://e-pard.com provided by Vasilij Russman, Neuburger Str.95, 86167 Augsburg (hereinafter referred to as “e-pard“). These Terms and Conditions are applicable for the use of the webpage by sellers (hereinafter referred to as “seller”) and customers (hereinafter referred to as “customer”). Seller and customer are collectively referred to as “users”.
The offers on e-pard.com are targeted towards entrepreneurs as well as consumers. A consumer in the sense of the following regulations and in reference to § 13 BGB is every natural person who concludes a legal transaction, e. g. the registration or the purchase of goods and services using e-pard.com, which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term entrepreneur in reference to § 14 BGB refers to every natural person, legal person or a partnership with a legal personality who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession, e. g. the registration or the sale of goods and services using e-pard.com in pursuance of his/its independent professional or commercial activity.
Unless otherwise agreed upon, the inclusion, if necessary, of terms and conditions of the user is ruled out.
Subject of the contract
E-pard.com offers customers the free opportunity to acquire price overviews and sources for goods and services from sellers who are registered with e-pard.com or other third parties. This information is not designated as a legally binding offer from e-pard.com. Therefore e-pard does not assume any liability for mentioned prices, availability or delivery time.
If available e-pard.com offers sellers an online platform to sell goods and services to consumers and to make use of other services for the use of the platform.
E-pard only provides the technical ability to use the platform to the seller and the customer. The contracts on the goods and services offered by the seller or other third parties are concluded directly between the seller or the third party and the customer only. e-pard is explicitly not a contractual party for agreements between sellers and customer. It is the sole responsibility of the users involved to fulfil the obligations arising from these agreements.
The details, particularly the essential characteristics of products and services for sellers and for customers can be found in the product descriptions, and supplementary information provided on e-pard.com.
Status as Entrepreneur
The possibility to register on e-pard.com as a seller is exclusively for entrepreneurs within the framework of § 14 BGB, which use the services in their pursuance of his/its independent professional or commercial activity.
E-pard is going to check the status of a seller as an entrepreneur before closing the contract on a regular basis.
E-pard is entitled to documents of verification to check the status of a seller as an entrepreneur before and during the execution of the contract.
Conclusion of the Contract
The seller can sign up to create a shop and a user account at e-pard.com for the purpose of selling goods and services to the customers.
For this purpose the seller clicks on the button labelled as "Register as seller ” at e-pard.com and enters the shop data. Before the seller clicks on “Submit ”, the seller can change the data, delete it or cancel the submission by closing the Internet browser’s window or using the ‘back’ function.
By clicking the button labelled with “Submit ” the seller is considered to have made a binding offer for a contract about the creation of a webshop.
E-pard accepts the offer of the seller by sending a confirmation e-mail to the e-mail address that the seller has deposited within two days. The contract between e-pard and seller about providing a webshop is concluded as soon as the seller receives the e-mail. If the seller has not received any corresponding message within the deadline, he is no longer considered to be bound to his order. Under such circumstances, any services that have already been provided are restored without undue delay.
The customer has the option to order products from sellers or third parties over e-pard.com. The ordering process is based on information provided by the individual seller or the third party.
The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, the customer has to ensure that the e-mail address he deposited is the correct one, and that the receipt of the respective e-mails is guaranteed. In particular, the customer has to ensure that the respective e-mails are not blocked by a SPAM filter.
Prices and Payment Arrangements
The use of e-pard.com is free of charge for users.
The prices for sellers in the respective offers of e-pard represent total prices. They include all the price components, including all the incidental taxes.
The seller receives an invoice showing VAT via email.
Unless otherwise stated in the individual payment, the payment claims of e-pard resulting from the contract with the seller are immediately due for payment.
e-pard.com is available for 99.8% of the year.
This does not include time necessary for maintaining the servers of e-pard.com and any downtime that e-pard is not responsible for.
Limitations on Selling Goods
The sale of the following goods is prohibited:
Weapons and gear for weapons, including deactivated firearms, ammunitions, grenades (even sold as souvenirs), tasers and similar goods.
Pepper spray / CS gas and similar goods.
Media that includes pornographic content or is otherwise harmful to minors. This also contains media labelled as „Not suitable for persons under age of 18“ as well as media which is not labelled under the terms of §§ 12 and 13 Jugendschutzgesetz.
Goods associated with the consumption of cannabis or other drugs such as bongs and chillums.
Tobacco products (e.g. cigars, cigarettes, shisha tobacco, cigarette tobacco and similar goods).
Responsibility for Content, User Account and Indemnity
The offers published by the sellers on e-pard.com are not checked by e-pard unless there is concrete indication of an infringement in an offer, which in particular includes the certain knowledge about an infringement in an offer. It is the sole responsibility of the seller to check the correctness, completeness and legality of a certain offer. E-pard in particular is not responsible for the accuracy and completeness of any offers or the quality of the services offered.
Users can publish their own content on the platform. The users are obligated to not transmit or publish any content or data, that violates third party rights (in particular copyrights, name rights or trademark) or infringe existing laws.
E-pard is permitted to temporarily block or completely delete on its sole discretion content published or made available otherwise if statutory rights or provisions of the agreement are violated. E-pard is also permitted to temporarily block or completely delete on its sole discretion certain users if statutory rights or provisions of the Agreement are violated. E-pard is also permitted to block certain users and/or content if e-pard has a concrete indication for repeated violation of statutory rights or provisions of this agreement.
Before temporarily blocking or completely deleting a user and/or certain content, e-pard will take into account the legitimate interests and the negligence of the user. E-pard will inform the user about the reasons for temporarily blocking or completely deleting the user and/or the content in text form (e. g. e-mail).
In case of a temporary block e-pard will grant the user full access to the platform without any undue delay as soon as any suspicion for a further violation of statutory law or of the provisions of the Terms and Conditions are ruled out.
The user indemnifies e-pard from all claims caused with negligence of third parties due to the violation of their intellectual property rights which occur from publishing or making available otherwise through the service. The indemnity covers in addition the reimbursement of reasonable costs for legal defence, arising out of the illegal or improper use of e-pard.com. The indemnity requires that an amicable settlement or an acknowledgment on claims by third parties is only given with the prior written consent of the user.
Unless subsequently agreed otherwise the statutory warranty rights of the German Civil Code (Bürgerliches Gesetzbuch, BGB) are applicable.
The liability regardless of negligence or fault of e-pard for initial defects as stated in § 536a BGB is ruled out.
If the user is an entrepreneur the warranty period amounts to a period of one year. This does not account for situations involving culpably caused damages that can be attributed to e-pard and which are associated with loss of life, injuries or health-related damages.
E-pard provides unlimited liability for damage caused due to the violation of life, limb or health. Furthermore, e-pard provides liability without limitation in all cases of intent and gross negligence, if a defect is fraudulently concealed, in case of assumption of guarantee for the procurement of the object of purchase and in all other legally regulated cases.
If the situation in question relates to important contractual obligations and involves minor negligence, liability of e-pard is limited to the foreseeable damages that are typical for the contract. The term “important contractual obligations” refers to important obligations that follow from the nature of the contract and whose violation would jeopardise the fulfilment of the purpose of the contract. It also covers obligations that the contents of the contract impose on e-pard in order to facilitate the fulfilment of the purpose of the contract and whose fulfilment makes it possible for the contract to be executed in an orderly manner, and compliance with which may regularly be taken for granted by the user.
When it comes to the violation of inessential contractual obligations, no liability of e-pard shall be assumed if the situation in question involves violations of obligations associated with light negligence.
Assignation, Right of Retention and Reservation of Proprietary Rights
The cession of claims and rights against e-pard to third parties is only permitted with prior written consent. This is especially true for a transmission of the user account to the third party.
The user can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship. Sellers have a right of retention to legally effective or undisputed counterclaims only.
The user may only offset against undisputed or legally effective counterclaims.
Term, Termination and Deletion
The contract for the use of the platform is closed for an unlimited period.
The user has at any time the possibility to have his user account deleted by sending a notice in text form (e. g. e-mail) to e-pard.
The right of extraordinary termination of both parties remains unaffected.
Use of the platform outside Germany
The use of the platform is generally open to users outside the Federal Republic of Germany.
The seller undertakes to ensure in the context of a sale in other countries as the Federal Republic of Germany, that the consumer protection law, data protection law, tax law and all other legal requirements are complied with when selling to a consumer in the country concerned.
The consumer is free to claim any title in connection with these Terms and Conditions that are based on consumer protection rights in the Federal Republic of Germany or in the EU country he lives.
Choice of Law, Place of Fulfilment and Jurisdiction
German law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the respective customer’s usual place of residence is located (benefit-of-the-doubt principle).
If the user is not a consumer, but an entrepreneur, a legal entity under public law or an institutional fund governed by public law, our place of business is the place of jurisdiction as well as the place of fulfilment for all services that follow from the business relationships that exist with e-pard. The same condition applies to situations in which the user is not associated with a general place of jurisdiction in Germany or the EU, as well as situations in which the place of residence or the usual place of residence is not known at the time of commencement of proceedings. This has no bearing on the capacity to call upon the court associated with another place of jurisdiction.
The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.
II. Customer Information
Identity of the Provider
Vasilij Russman trading as e-pard
86167, Augsburg Deutschland
The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under http://ec.europa.eu/odr.
Information Regarding the Conclusion of the Contract
The technical steps associated with the conclusion of the contract, the contract conclusion itself and the correction options are executed in accordance with section 4 of the terms and conditions (part I).
Contractual Language and Saving the Text of the Contract
Contract language shall be English.
The complete text of the contract is not saved with e-pard. Before the order is sent, via the Online - order system the contract data can be printed out or electronically saved using the browser’s print function. After the order is received by e-pard, the order data, the legally-mandated details related to distance selling contracts and the terms and conditions are re-sent to the user via e-mail.