Terms of Use
General Terms and Conditions of Use and Business (T&Cs)
Date of Publication: October 1, 2022
Version: 1.0
General Terms of Use
A.1 Subject of the contract and contracting parties
A.1.1 The following General Terms and Conditions of Use and Business (hereinafter referred to as "T&Cs") govern the use of the advertisement platform at www.nautano.com and the associated mobile applications. The subject of the contract is derived from these T&Cs and the use of the offer of the advertisement platform and/or the mobile applications.
A.1.2 The advertisement platform and the associated mobile applications are operated by Nitroxid IT Solutions, Leconskamp 20, 49191 Belm, Germany, represented by Andreas Schaffert. Hereinafter, the advertisement platform and the mobile applications, as well as the operator, will be referred to as "nautano". Registered sellers (hereinafter referred to as "sellers") can post sales advertisements for new or used boats on nautano to reach potential buyers for their offer. Users who use the public offers and functions of nautano and/or the offers and functions for which successful registration on nautano is necessary are hereinafter referred to as "interested parties". Interested parties can view all offers provided by sellers and contact the seller directly or communicate with each other via the internal messaging function on nautano.
A.1.3 As operator, nautano is responsible for the administration, functionality, and technical availability of the advertisement platform and the mobile applications. nautano is not responsible for technical disruptions by third parties (e.g., hackers, hosters, providers, etc.). Likewise, nautano is not responsible for the content of individual advertisements. nautano is not a contracting party between interested parties and sellers, but merely acts as a mediator between interested parties and sellers.
A.2 Conclusion of the contract, contract language, contract text
A.2.1 A contract with nautano is concluded with the use of the offer and in a separate form with the successful creation of a customer account on nautano. nautano reserves the right to terminate the contract at any time in case of a breach of contract and/or misuse.
A.2.2 The language provided and binding for the conclusion of the contract is German. The contract text is not stored by nautano.
A.3 Content and visual design, functionality
A.3.1 nautano is responsible for the administration and functionality of the advertisement platform as well as the mobile applications. nautano is entitled at any time to make changes to the content and/or visual design of the advertisement platform and/or the mobile applications. In addition, nautano can at any time expand, reduce, change, or discontinue the functionality of the advertisement platform and/or the mobile applications. In general, there is no obligation for nautano to inform about planned or executed changes.
A.4 Liability
A.4.1 nautano is not liable for any damages that should occur to interested parties, sellers, or other parties involved due to nautano.
A.4.2 Claims for damages against nautano are excluded.
A.5 Privacy, data backup
A.5.1 The user account on nautano is not transferable. Interested parties and sellers have to protect their access data from third-party access and keep their password secret. Interested parties and sellers have to notify nautano immediately if they suspect misuse of their access data.
A.6 Applicable Law, Jurisdiction
A.6.1 In relation to companies, German law applies, excluding the United Nations Convention on Contracts for the International Sale of Goods.
A.6.2 In relation to companies, the place of jurisdiction for all disputes is Herford, Germany.
A.7 Contract Duration
A.7.1 The contract between nautano and the interested parties or sellers remains in place as long as the customer account exists.
A.7.2 nautano reserves the right to block or irrevocably delete inactive customer accounts.
A.7.3 The right to extraordinary termination remains unaffected.
Additional Terms for Prospects
B.1 Usage, Accuracy of Information
B.1.1 The prospect is obliged to use nautano only for the purpose intended by nautano.
B.1.2 The prospect, if they create a user account on nautano, commits to provide all information truthfully and completely and to always keep this information up to date.
B.2 Messages
B.2.1 All messages sent by prospects via the internal messaging system of nautano are stored unencrypted with the end device, IP address, timestamp, and all other data, which serve for legal tracking and preservation of evidence.
B.2.2 It is only permitted to send internal messages to sellers if there is a legitimate interest in the sense of nautano. Contact attempts and conversations for other purposes are explicitly prohibited.
B.2.3 Messages between prospects and sellers are displayed in the postbox in the customer account. There is no claim to forwarding of messages.
B.3 Violations of Contractual Obligations, Suspension, Deletion
B.3.1 nautano regularly checks compliance with contractual obligations. If a violation by the prospect is detected by nautano or its representatives, nautano reserves the right to block or delete the user account and, if necessary, to take legal action.
B.4 Errors, Malfunctions
B.4.1 The prospect is obliged not to exploit technical errors or malfunctions for their own purposes or the purposes of third parties and to report these immediately to nautano.
B.5 Indemnification
B.5.1 The prospect indemnifies nautano from all claims made by third parties due to the violation of their rights because of his usage of nautano. The prospect will indemnify nautano from the costs of necessary legal defense, including all court and lawyer fees, against proof. Additional Terms for Sellers
C.1 Usage, Accuracy of Information
C.1.1 The seller is obliged to use nautano only for the purpose intended by nautano.
C.1.2 The seller commits to provide all information about their person and/or their company and their offers truthfully and completely and to always keep this information up to date.
C.2 Messages
C.2.1 All messages sent by sellers via the internal messaging system of nautano are stored unencrypted with the end device, IP address, timestamp, and all other data, which serve for legal tracking and preservation of evidence.
C.2.2 Requests from prospects that do not serve the purpose of nautano (for example, insults, advertising, etc.) must be reported immediately by the seller. The internal messaging system may only be used to answer questions and process purchases.
C.2.3 Messages between prospects and sellers are displayed in the postbox in the customer account. There is no claim to forwarding of messages.
C.3 Offer, Advertisement, Translation
C.3.1 The seller commits to only list offers that fit into the categories of nautano and to provide all necessary and legally required information. False or misleading information is strictly prohibited.
C.3.2 nautano reserves the right to translate the seller's offers into other languages and to advertise the offers on third-party websites, in the nautano app, or in other advertising media.
C.3.3 The seller must ensure that the offers listed on nautano do not violate the rights of third parties and do not violate legal regulations. The seller indemnifies nautano from all claims of third parties due to violations of their rights by his offer.
C.4 Commission
C.4.1 For the sale of products and services via nautano, the seller pays a commission to nautano, the amount of which is determined by the respective commission agreement.
C.5 Errors, Malfunctions
C.5.1 The seller is obliged not to exploit technical errors or malfunctions for their own purposes or the purposes of third parties and to report these immediately to nautano.
C.6 Violations of Contractual Obligations, Suspension, Deletion
C.6.1 nautano regularly checks compliance with contractual obligations. If a violation by the seller is detected by nautano or its representatives, nautano reserves the right to block or delete the user account and, if necessary, to take legal action.
C.7 Indemnification
C.7.1 The seller indemnifies nautano from all claims made by third parties due to the violation of their rights because of his usage of nautano. The seller will indemnify nautano from the costs of necessary legal defense, including all court and lawyer fees, against proof.