Terms of Use


A.    The following Terms of Use regulate the use of the website run by mWG myWorld Germany GmbH, Gereonstr. 1-3, 50670 Köln, Germany (hereinafter referred to in short form as 'myWorld') and access to the myWorld marketplace.  myWorld has commissioned mWS myWorld Solutions AG (Grazbachgasse 87-93, 8010 Graz, Austria, company number: FN 389134g) to perform the technical processing of the myWorld marketplace as well as to process the logistics and operative aspects of orders placed.  If you wish to make purchases in the myWorld marketplace, in addition to this Terms of Use the General Terms and Conditions for purchases on the myWorld Marketplace, apply, which you can access via the following link de.myworld.com.

B.    Users of this website agree to these Terms of Use. myWorld can amend and supplement these Terms of Use from time to time by updating these Terms of Use. myWorld will send you amended Terms of Use by email, giving you 2 months to approve or reject the changes.

C.    myWorld expressly reserves the right to amend, supplement and delete parts of the website or all that is on offer or to adjust the publication either temporarily or indefinitely, in particular if the continued performance of services of partial services is no longer possible for the provider from a financial standpoint.  

1.    LICENCE AND ACCESS

1.1.    Given the pre-requisites set out in these Terms of Use, myWorld grants you a license to access and use of the myWorld marketplace.  You may only use this access for private purposes, this means only for purposes which are not connected with the running of a business.  The license is non-transferable and refers exclusively to the use of the myWorld marketplace. 

1.2.    The license does not entitle you to record or use product information, descriptions or prices or to download or copy content and account information, to run data mining, robots or similar data recording and extraction programs. 

1.3.    When making use of the access to myWorld marketplace, you may not, in so far as myWorld has not previously expressly consented, damage, restrict or shorten myWorld copyright. 

1.4.    myWorld does not permit individuals who are not yet at least 18 years of age, (and not considered contractually capable), access to myWorld marketplace.

1.5.    The agreement in respect of the license for the access and use of the myWorld marketplace is issued by means of a confirmation of your registration via myWorld to the email address which you provided when registering. 

1.6.    Registration with myWorld marketplace and the use thereof is free of charge for the customer. 


2.    YOUR ACCOUNT

2.1.    You may only make purchases in the myWorld marketplace via your existing myWorld account (see Item 1 of the Terms of Use).  You can use your account until such time as you delete your account, allow it to be deleted or we choose to delete it or we choose to dismantle the marketplace.  

2.2.    myWorld may delete your marketplace account in particular for any the following important reasons: 
(i)    If you use the account for any purpose for which it is not intended, or to interrupt, damage or in any other way interfere with the myWorld marketplace or access to it (for example, using malware); or
(ii)    if you use your account in a way which is in breach of these Terms of Use; or 
(iii)    If you use your account fraudulently or in connection with any criminal offence or unlawful activities, including money laundering or fraud; or
(iv)    if you use your account to cause any nuisance, inconvenience or provoke fear;
(v)    if you use the marketplace to advertise or offer goods and services from other websites.  

2.3.    By deleting the account, the Terms of Use, with which myWorld provides you with the license to access and use the myWorld marketplace, in existence between yourself and us cease to exist with immediate effect. We will inform you via email.  Notwithstanding this, those  provisions of the Terms of Use that are intended to survive termination for any reason, including Item 4. (Liability) remain.  

2.4.    Additionally, myWorld may revoke your license for usage of the myWorld marketplace and your user account, at any time upon the expiration of a notice period of a month.  You shall receive such the notice regarding termination of your marketplace account via email. 

2.5.    If you make use of your myWorld account, you are responsible for ensuring the confidentiality of your account and password and restricting access to your computer and mobile devices and agree to be responsible for all activities which take place using your account and password.  You are obliged, in your own interests, to protect and ensure that your log in details for your account as well as for your computer and other mobile devices remain confidential and that third parties have no access to these. 

2.6.    You are obliged to inform myWorld of any evidence of theft, loss, inappropriate or unauthorised usage of your myWorld account by sending an email to customerservice.de@myworld.com.

2.7.    You are obliged to make truthful statements with regards to myWorld and, in the event of amendments, to change these in the 'My Account' area or by sending an email to customerservice.de@myworld.com. Should you neglect any of the invoked duties, myWorld may, on good grounds, delete the account in accordance with this clause. 

3.    INTELLECTUAL PROPERTY RIGHTS
 
3.1.    The total content which the myWorld marketplace contains or which it produces, such as: text, graphics, logos, button icons, images, audio clips, digital downloads and data collection, are protected and are available exclusively to myWorld or to its licensors, who supply and/or provide the content. 

3.2.    You may not systematically extract or reuse parts of any myWorld service without the prior express written consent of myWorld.  In particular, you may not initiate any data mining, make use of robots, perform data crawling or use similar data collection or extraction programs with a view to extracting any vital parts of myWorld's marketplace and reusing these (irrespective of whether you wish to perform this action only once or multiple times) without myWorld's prior express written consent. You may not create and/or publish your own data bank containing important components of any service provided by myWorld (for example, myWorld prices and product information) without myWorld's prior express written consent. 

3.3.    myWorld graphics, logos, headers, button icons, scripts and service names which are included as part of a myWorld Service or have been prepared by them, are brands and trademark rights belonging to myWorld. myWorld brands and trademark rights may not be used in connection with any product or service which does not belong to myWorld in any way which might lead to confusion of the customer or degrade or discredit myWorld.  

3.4.    All other brands and trademarks which are not owned by myWorld and appear as part of a myWorld service are the property of the respective owner. myWorld respects the immaterial property rights of third parties.  If you are of the opinion that your immaterial property rights have been used in any way which gives rise to suspicion of violation, please inform myWorld customer services using the following email address: customerservice.de@myworld.com. 


4.    MYWORLD LIABILITY

4.1.    myWorld strives to ensure that the myWorld marketplace is available continuously and without interruption and that communications can take place without issue.  However, your access to the myWorld marketplace may be interrupted occasionally or otherwise restricted so that repairs, maintenance or services can take place or in the event of force majeure (including but without limitation, any outage of internet service provisions) which is out of the reasonable control of the provider and thus he is not obliged to substitute these services. myWorld strives to limit the frequency and duration of these temporary interruptions or limitations. If myWorld provides a defective service, you have the right to assert warranty claims within the scope of the statutory warranty provisions     

4.2.    myWorld accepts liability for damages incurred whilst using the myWorld marketplace as well as services and products if the causes of the damage can be attributed to an intentional or gross negligent breach of duty by myWorld or its legal representatives or vicarious agents.  An intentional breach of duty is in existence should myWorld or its vicarious agents not perform a duty intentionally, deliberately and willingly.  A grossly negligent breach of duty is given if myWorld or its vicarious agents do not fulfill a duty of conspicuous carelessness, i.e. the behaviour deviates extremely from the due diligence 

4.3.    myWorld is not liable for any tangible or intangible damages which do not result from an intentional or gross negligent breach of duty on the part of myWorld, their legal representatives or vicarious agents (including but without limitation a loss of profits, loss of revenue, reliance losses, damages due to loss of data, claims based on unjust enrichment, legal fees, or contract brokerage fees), which occur as a result of using the information provided or using incorrect or incomplete information,

4.4.    Furthermore, myWorld is not responsible for hyperlinks or their content. myWorld assumes no liability of any kind for the current status, accuracy, integrity, legality or quality of hyperlinks. Any liability lies with the provider of the linked website.  myWorld has no control over the current or future structure or contents of these hyperlinks.  Therefore, myWorld expressly distances itself from the contents of all hyperlinks which were changed after the linked was added, as well as from entries made by third parties in myWorld's guest books, discussion forums and mailing lists. Continuous monitoring of the linked websites is not reasonable without substantial proof of legal infringements. As soon as myWorld becomes aware of such legal infringement, the hyperlink will be removed promptly. 

4.5.    For potential illegal activities or information provided by electronic links which link the marketplace site to other sites on the worldwide web as well as for content which is placed on the myWorld marketplace by merchants, myWorld is only liable where it has been made aware in writing and has failed to promptly remove the information or to block access to it within a reasonable time period.  Content of a discriminating, offensive, morally reprehensible or illegal nature may be removed by myWorld at any time. 

4.6.    This disclaimer shall be considered a component of the website. If parts or single phrases in this text do not, only partially or simply no longer correspond to the current legal situation, the remaining part of this document, its contents and validity remain unaffected.


5.    OFFERS FROM THIRD PARTIES

5.1.    myWorld offers entrepreneurs within the meaning of the Consumer Protection Act and legal entities under public law ("Sellers") the opportunity to use the myWorld marketplace for their offers of goods or for the purpose of offering services.  Entrepreneurs within the meaning of the Consumer Protection Act are, of course, natural or legal entities for whom the sale of goods constitutes running their business, thus any organisation created in the long-term for the purpose of independent business activities, may not be for profit.  

5.2.    This means that persons other than myWorld can provide services or sell their assortments on this website.  myWorld provides links to sites of associated firms and specific other firms. myWorld is not responsible for any examination and evaluation of these offers or pages and makes no guarantee for the content accuracy or the content on these websites or the legality or functional capability.  The necessary user details for the purpose of purchase processing and the details for the purpose of business transactions are transferred by myWorld to the merchant, whose products and services the end consumer wishes to order.  Otherwise, the merchant is responsible for the entire purchase process.  You are informed as to who sells the product in the product information under the entry 'Sold by...'.  

5.3.    myWorld provides purely information as well as technical framework conditions for users and does not make legally-binding offers.  Obligations from contractual relationships existing between user and merchant cannot be assigned to myWorld. myWorld will not act as a contractual partner for closed contractual relations drawn up between users and merchants.  The completion on these closed contracts via the myWorld platforms is solely performed by the customer and merchant.  

5.4.    myWorld accepts no liability for damages which have been caused by mistakes, delays or interruptions in communications, disturbances or technical assets, loss and deletion of data, viruses or in any other way whilst using the myWorld marketplace; it can be, however, that these have been caused by the operator either intentionally or negligently or that the matter concerns a loss of life, limb or a threat to health. 

5.5.    The operator accepts liability only for typical contractual and predictable damages.  No liability is accepted for loss of profit, savings, damages resulting from third party claims and for any other direct or indirect consequential damages. 


6.    GENERAL

6.1.    German Law applies with exception of UN Purchase Law (CISG) and the conflict of law.  The competent court in Cologne shall have exclusive jurisdiction for all potential disputes arising out of or in connection with these terms and conditions. For contracts involving consumers, the consumer has the choice between the court in whose district the domicile, habitual residence or place of employment of the consumer is located and the jurisdiction located at the myWorld premises.  Although German Law is applicable to the present business relationship, you can also call on the mandatory consumer protection regulations implemented by the state in which you live, insofar as this state is a member state of the European Union.  In this case, you may file a claim in connection with these conditions of use which are the result of consumer protection norms, both in Germany and the EU member state where you live.  

6.2.    The European Commission makes a platform for the purpose of online dispute resolution available via the following link https://ec.europa.eu/consumers/odr/ ('OS Platform'). myWorld strives to resolve all potential differences of opinion which could conceivably arise from this contractual relationship amicably.  Furthermore, myWorld is not obliged to participate in an arbitration procedure and cannot offer you the opportunity to partake in such a procedure. However, your seller may participate in an arbitration procedure.  This you can view on the relevant seller's page either in the imprint or within the General Terms & Conditions. 
For any further questions regarding these Terms of Use and the General Terms and Conditions, please contact us at:

mWG myWorld Germany GmbH (myWorld)
Gereonstr. 1-3, 
50670 Cologne
Germany

E-Mail: customerservice.de@myworld.com 

GmbH with premises in Cologne
Business registration number HRB 66866 registered at the District Court of Cologne
VAT Reg No: DE814665875

 

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