These General Terms and Conditions of Business (hereinafter “GTCB”) represent the sole basis for all legal relationships between the website foccer.com represented by Düzgün Durkaya and all users of the online marketplace www.foocer.com (hereinafter “Foccer“ or also “Platform“).

Every user must take note of and confirm these GTCB and the Provider’s data protection declaration when registering to use the Platform. Any breach of the applicable usage conditions may have civil and penal law consequences.

1. Preliminary remarks
   • Definition of terms for these GTCB:
     • “Users”: Foccer users registered with the Provider.
     • “Sellers”: Users who offer goods via the Platform.
     • “Commercial Traders”: Users who offer goods for sale via Foccer on a commercial basis
     • “Purchasers”: Users who purchase goods via the Platform.
     • “Traders”: Users who swap via the Platform.
   • The Provider operates the Platform (Foccer) as an online marketplace which offers goods (in particular shirts) or trade – i.e. which can be sold, purchased and swapped – insofar as offering, purchasing or posting them does not infringe legal regulations or these GTCB.
   • Users general terms and conditions of business which deviate from these GTCB will not apply unless the Provider expressly consents to them.
2. Description of services
   • The Provider provides the technical platform for the operation of Foccer. The Platform’s objective is to allow users to conclude and perform trade contracts via Foccer.
   • The Provider does not become a contractual partner in the trade contracts; they are concluded exclusively between Foccer users. Performance of trade contracts concluded via Foccer takes place solely between the users. The Provider does not thus accept any liability for contracts concluded by users via the Platform.
   • Use of Foccer by users is only permitted insofar as this use does not infringe legal regulations or these GTCB.
   • Goods offered via Foccer and content posted by users do not represent the Provider’s opinion and are, as a matter of principle, not inspected by the Provider to verify their lawfulness, correctness and completeness.
3. User contract
   • Sellers must register as users before they can use Foccer to make sales. Registration is carried out by setting up a user account and consenting to these GTCB and the Provider’s Privacy Policy declaration. Following completion of the registration process and activation of the user account by the Provider a contract covering use of Foccer shall be deemed to have been concluded between the Provider und the user on the basis of, and incorporating, these GTCB (hereinafter the “user contract”).
   • Users have no claim against the Provider for conclusion of a user contract. The Provider reserves the right to refuse to conclude a contract in individual cases. The Provider will notify the user immediately in such cases.
   • The Provider is entitled to transfer his rights and obligations arising from the user contract either fully or partially to a third party subject to a notice period of four weeks before transferral. Users are not entitled to transfer their rights and obligations arising from the user contract to third parties.
   • Natural persons with full legal capability may register as users. Commercial sellers are expressly excluded from using Foccer. Registration of a user account for third parties without their consent and multiple use of various user accounts by one user are expressly forbidden.
   • Each user may only register once and maintain a single user account. Each user account must be created and managed by a single natural person or legal entity.
   • The data required to register must be provided in full and correctly. Should the data provided change after registration, then the user is obliged to update the information in his user account immediately.
   • Users who intend to use Foccer for their commercial or self-employed professional activities are not permitted to register on Foccer and/or to use the services of Foccer.
   • All declarations which are transmitted within the scope of the user contract must, at the least, be made in text form.
   • The Provider reserves the right to make using the service dependent upon certain preconditions such as verification of registration data; the quality of ratings or adherence to mutual respect as well as to delete registrations which have not been fully completed after a reasonable period of time.
   • Users only have a claim to use of Foccer within the scope of the current status of technology. The Provider will temporarily limit his services if capacity limits; server security or integrity or the carrying out of technical measures require him to do so and this serves the orderly or improved performance of services (maintenance work). The Provider will, in such cases, take users’ justified interests into account, such as, for e.g., by providing advance information. Insofar as an unforeseen system obstructs use of Foccer, users will be informed in a suitable manner.
4. User account
   • When setting up a user account the user chooses a user name. This name may not be an email address, an Internet address or any term which is protected for third parties. The user is responsible for ensuring that the chosen user name does not infringe any third party rights, in particular trademark, copyright or name rights, before registering.
   • Within the scope of registration users must provide all the details required, which must be correct. User data can be edited in the user profile.
   • The Provider cannot verify the correctness of the information given and is only liable for incorrect or incomplete information from the point in time at which he becomes aware of it and in accordance with the limitation of liability regulated by Section 8 below. The Provider will pursue information concerning incorrect or incomplete user data immediately.
   • Foccer only carries out limited verification of the data provided during the registration process since the identification of individuals on the Internet is only possible to a limited extent. Despite various security measures it cannot therefore be ruled out that the contact details provided for a user account are false and/or that these details have, in the meantime, been altered.
   • Users must treat access data (incl. passwords) as confidential and safeguard it from unauthorized third-party access. Passing on of log-in information to third parties without the Provider’s consent is, in particular, forbidden. Insofar as a user becomes aware that log-in information has been abused or used by unauthorized third parties, then the Provider must immediately be informed accordingly.
   • User accounts cannot be transferred to third parties.
5. Contract period
   • The user contract is concluded for an indefinite period. Users may terminate the user contract at any time without giving a period of notice (by sending a deletion request to contact@foccer.com). The Provider may terminate the user contract at any time with a period of notice of 14 days to the end of the month. The right to block user accounts remains unaffected by this.
   • Both parties’ right to extraordinary termination of the user contract remains unaffected.
   • If a user has been blocked or the user contract has been terminated by the Provider, then this user may no longer use Foccer (also via other user accounts) or re-register, effective immediately upon blocking or termination. Blocking or termination will have no effect on the validity of contracts which have already been concluded via Foccer.
   • For technical reasons all content generated by the user within the scope of usage (e.g. offers, ratings or private messages) will continue to be retrievable after expiry of the user contract, however minus any personal details and with the advice that the content originates from a user who has since been deleted. No claim to deletion of this content exists.
6. Conclusion of contracts between users / Shipping
   • Conclusion of contracts between users
     • The posting of goods on Foccer represents a legally binding offer to conclude a purchase contract with potential purchasers. In this context it defines a sale price at which the offer may be accepted. The sale price of the relevant goods is a final price including any VAT which may be payable as well as other price components. The sale price does not include delivery and shipping costs, which must be quoted separately.
       • Should a purchaser accept an offer, then a legally valid purchase contract will come into being between the seller and the purchaser.
       • Payment of goods purchased via Foccer is managed by the users themselves. Foccer will not take a part in this process, once the offer has been accepted.
     • Sellers must be able transfer the goods offered to the purchaser immediately upon conclusion of the contract and payment. Sellers warrant that they will dispatch the goods within one week of receiving payment and that they will use the shipping method selected by the purchaser.
       • At no point does the Provider become a contractual partner in the contracts concluded between the users via Foccer. Performance and processing of contracts concluded via Foccer is also the sole concern of the users and is not an object of the user contract.
       • Sellers warrant that they are entitled to sell the goods via Foccer and guarantee that the goods are original branded goods which have come onto the market with the manufacturer’s consent and are thus not counterfeit (fakes). Sellers warrant and guarantee that the goods do not infringe any third party rights.
       • Users are responsible for archiving on a data carrier any information which can be viewed via Foccer and is stored by the Provider and required for the purpose of preserving evidence, accounting or any other purpose which is independent of Foccer.
   • Shipping
     • Shipping will be executed solely on the basis of the corresponding freight company’s terms. The Provider is neither involved in carrying out shipping nor responsible for it.
7. Offer preparation and description / Forbidden content / Objections
   • Offer preparation and description / Forbidden content
     • All offers must be correctly and fully described using words and images. In this context all characteristics and features which are key to the purchase decision; the sale price and any defects which reduce the value of the goods must be truthfully stated. The possible shipping options must also be stated. The Provider does not offer any guarantee for the correctness, completeness or quality of the information provided by users.
     • All offers must be posted in the appropriate catalogue category. Simultaneous multiple posting of a single Item is forbidden.
     • Users may only offer Items if they are the sole owners of them or have the owners’ consent to make use of them.
     • Each user is responsible for the Items offered and for compliance with all legal regulations. Posting of offers which infringe current law; these GTCB; third party rights – in particular trademark and copyright rights – or transgress standards of public decency or whose sale is limited or forbidden under the terms of legal regulations (including legislation covering consumer protection, child protection, unfair practices, exports, etc.) is forbidden.
     • Posting of content which infringes criminal, trademark, copyright or competition law is also forbidden. This applies in particular to:
       • Posts including pornographic content or content liable to corrupt the young.
       • Posts of a hate-related nature or including content from anti-constitutional organizations.
       • Contents whose exploitation and public reproduction infringes copyrights, ancillary copyrights or industrial property rights (trademark rights and registered designs).
       • Photos or videos which infringe third party rights to photographs of that individual and name or personality rights.
       • Unobjective abusive criticism or insults.
       • Advertising for illegal content such as software cracks; serial numbers; download sources or instructions on how to use illegal software.
       • Executable programmes which contain viruses or Trojans.
     • At least one truthful, good quality photos (hereinafter “Photographic Material”) of any Item being offered must be included when uploading it to the catalogue. Any defects to the Item must be recognizable in the Photographic Material. The addition of untruthful Photographic Material (for example from the Internet or of a similar object) is forbidden.
     • Photos are protected by copyright and/or the corresponding ancillary copyright rights. Every user must, when uploading an Item, thus either ensure that he/she only uses Photographic Material to which he/she has the sole rights or that the rights holder has given their consent for use.
     • The description of the goods and the photographs used in this context may only refer to the goods being offered. Advertising for goods which are not offered via Foccer is not permitted. Sellers may, within the scope of using Foccer, not use quality labels, guarantee symbols or other third party symbols unless the Provider authorizes such symbols.
     • Links, email addresses and telephone numbers are also not allowed in the offer description. The Provider reserves the right to immediately remove links, email addresses and telephone numbers.
     • The posting of bogus offers whose sole purpose is to advertise services provided outside of Foccer is forbidden. The posting of advertising media which is not directly related to the initiation, performance or processing of a purchase contract via Foccer is forbidden.
     • Users may not block, overwrite or modify content generated by the Provider or other users or otherwise disruptively interfere with Foccer, in particular if such an action could result in excessive strain on the Foccer infrastructure.
     • Manipulation of the Platform’s search tool is not permitted – e.g. by improper insertion of non-Item related brand names or other non-Item related search terms in Item categorizations or the Item descriptions.
   • Objections to offers made via Foccer
     • The Provider reserves the right to object to uploaded offers on the grounds of the insufficient quality of the Item or the Photographic Material or the incomplete, false or otherwise insufficient information about or description of the Item and to delete these offers from the Platform.
     • The Provider reserves the right to delete Items without prior notice if these Items infringe current law; third party rights; standards of public decency or these GTCB.
     • The Provider is not obliged to examine posted offers or other content and thus accepts no responsibility for the quality of the posted Items or their legality; the correctness of content or the completeness of offers.
   • Liability for user content
     • The Provider is not liable for the correctness, quality, completeness, reliability, type and category or the credibility of the content posted by users. None of these represent an expression of opinion by the Provider; the Provider does not, in particular, adopt users’ content as his own.
     • The Provider is not liable for the conclusion, performance and processing of purchase contracts concluded between users. He merely provides an online marketplace for brokering purposes.
     • Under the definitive legal terms of the German Telemedia Act (TMG) service providers are not obliged to monitor third party information which they transmit or store or to look for circumstances which might point to illegal activities without there being specific indications in this regard. Liability for third-party content will only come into question if the Provider is aware of the illegal activities or information.
     • After notification of corresponding infringements by third parties the Provider will immediately block or delete the illegal content as well as take appropriate measures to prevent the infringement in the future.
   • Limitation of liability and indemnity
     • The Provider is, in accordance with legal regulations, liable for intent and gross negligence, also on the part of his legal representatives; senior executives or other vicarious agents. The same applies in the case of accepting guarantees or any other liability which is not dependent on blame as well as in the case of claims as per the German Product Liability Act or culpable injuries to life, body or health. The Provider is substantively liable for ordinary negligent breaches of material contractual duties on the part of himself, his representatives, senior executives and ordinary vicarious agents – i.e. obligations which the user trusts and may trust in being carried out on a regular basis to facilitate orderly performance of the user contract; in such cases, however, only to a sum limited to the foreseeable damages which would typically be incurred.
     • Any further liability of the Provider is excluded.
     • Insofar as the Provider’s liability is excluded or limited, then this shall also apply in favour of the personal liability of his legal representatives; senior executives and ordinary vicarious agents.
     • Users are, in the event of a claim made by third parties, obliged to immediately, truthfully and fully provide the Provider with all the information required to examine the claim and to put up a defence
     • Sellers must proactively support the Provider in all matters in and out of court; in accordance with Art. 19 German Trademark Act (MarkenG) and the user contract they are, in the event that product counterfeits (fakes) are on hand, obliged to immediately reveal their seller and procurement sources to the Provider.
     • Users indemnify the Provider from all claims which other users or other third parties may assert against the Provider on the grounds that their rights have been infringed by the goods and other content posted by users on Foccer or due to other usage of Foccer by users. Users must, in this regard, bear the costs of any legal defence required by the Provider, including all court and lawyers’ costs at the statutory rate. This will not apply if the user is not responsible for the legal infringement.
     • Should third parties or the authorities (e.g. customs) assert a claim against the Provider on the grounds of infringement of the warranties and guarantees given by a seller within the scope of these GTCB (e.g. be dunned or obliged to make a payment), then the seller will indemnify the Provider against these third-party or official claims at first demand (incl. the lawyers’ and legal costs required to put up a legal defence; fines; penalties; customs duties; etc.).
     • Although Foccer makes every effort to keep the Platform free from malware (such as viruses or Trojans) no guarantee can be given that the Platform does not contain viruses or other damaging elements. For his/her own protection the user will thus ensure that he/she has taken appropriate security measures and has a virus scanner before downloading content.
   • Granting of usage rights
     • Users grant the Provider an ordinary usage right to post content on Foccer. This right has no time limitation; is not transferable and may be revoked.
     • The Provider reserves the right to edit users’ content – for example to ensure a uniform format when posted. This applies in particular to the content of offers and ratings, no matter what format they are posted in. The user consents to this form of editing
     • The Provider is, in addition to this, entitled to technically edit users’ content in such a manner that it can also be displayed on mobile end devices or by Foccer or third-party software applications.
   • Blocking of user accounts, Exclusion of users
     • In the event of specific indications that a user has breached legal regulations or the bans specified by these GTCB, the Provider may block the relevant offers.
     • The Provider may take the following measures if there are specific indications that a user has breached legal regulations; these GTCB or third-party rights or if the Provider has any other justified interest, in particular to protect users from fraudulent activities:
       • eletion of offers, ratings or other content,
       • suing of warnings to users,
       • the posting of goods and other content,
       • use of Foccer,
       • emporary blocking.
     • In the event of repeated infringements the Provider may exclude a user from using Foccer (permanent blocking). Users may also be excluded if they provide false contact details; transfer their user accounts or allow third parties access to these accounts; cause significant damage to other users or the Provider; repeatedly infringe these GTCB or if there is any other material reason.
     • When selecting a measure the Provider will take the justified interests of the user concerned into consideration, in particular the issue of whether the user was to blame for the infringement.
     • Should a user be permanently blocked, then he/she will have no claim to recreation of the blocked user account or ratings profile. Once a user has been blocked he/she may no longer use Foccer, also via other user accounts. Re-registration by the blocked user under a new/false name is also forbidden.
     • Should a user account be blocked, then both parties are entitled to immediately terminate the user contract.
8. Other services offered by the Provider
   • Rating system
     • The Platform lives from its users and their trust in one another. The purpose of the rating system is to make it easier to assess a user’s trustworthiness before making a transaction
     • Users may only rate other users if they have first concluded a legal transaction with each other.
     • When posting ratings, users are obliged to only provide information which is truthful and objective and relates to the specific legal transaction which they conducted.
     • Ratings may not infringe legal regulations and may, on no account, be insulting, threatening or reputation-damaging and/or fall under the legal definition of abusive criticism.
     • Users are forbidden to rate themselves or to have third parties post fictitious ratings about them.
     • The Provider reserves the right to alter ratings which are against the rules and/or incorrect or to delete them inpart or in full.
     • The Provider furthermore reserves the right to reprimand or warn as he sees fit users who abuse the rating system or to temporarily or permanently exclude such users from individual or all services on the Platform.
     • The Provider is, on no account, responsible for the content of any ratings posted. Users are aware that it is impossible for the Provider to check the legality of each rating. No claim exists to the deletion of posted ratings or individual items of content in ratings.
     • The use of the ratings in other services or of ratings from other services is not permitted.
   • Personal messaging service
     • Users may use the internal messaging system to personally exchange information via the Platform. The idea and purpose of the messaging services is primarily to clarify any questions concerning an Item being offered before making a purchase. Communications via such messages will be logged and may later be used as evidence if required.
       • Message content
         Users undertake not to use the Platform’s messaging service to send advertising content (so called “spamming”). Users furthermore undertake not to send any content which puts the Provider’s services at risk, such as viruses or similar; not to harass or insult other users by means of the number or content of messages or to send any other content which does not comply with legal regulations or these GTCB.
         Infringement of this provision represents extraordinary grounds for termination.
       • Manual examination of message content.
         The Provider’s customer support team may, for the purpose of providing customer support or mediating disputes relating to transactions, manually examine, store and evaluate the content of personal messages in order to arrive at a decision in good faith. Manual examination of messages will only take place insofar as a user consults the Provider’s customer support team. The Provider’s customer support team will use the information and data collected solely for the purpose of mediating in disputes between users and, where applicable, to clarify or prevent possible cases of fraud or misuse on the Platform. The Provider will not use the information which is gathered in this context for advertising purposes. By using the Platform users are consenting to manual examination; storage and evaluation of their personal messages to the extent described above.
9. Concluding provisions
   • The Provider reserves the right to continuously work on; update, expand; limit or discontinue individual Foccer features.
   • The Provider reserves the right to revise these GTCB at any time and without giving reasons. The revised terms and conditions will be sent to the users by email at the latest four weeks before they come into force. Should a user not object to the validity of the new GTCB within four weeks of receiving the email then the revised GTCB will be deemed to have been accepted. Foccer will, in the email containing the revised terms and conditions, specifically make users aware that they have the option of objecting and inform them concerning the significance of the four-week deadline.
   • Should individual provisions of this agreement be or become invalid then this will not affect the validity of the remaining provisions.
   • User contracts between the Provider and users who are consumers are subject to the laws of the state in which the relevant user has his/her domicile. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is also excluded in this context.
   • The place of jurisdiction for such disputes for users who are consumers is the user’s corresponding domicile or else legal regulations apply.