Terms of Use

General Terms and Conditions of Use

These are the General Terms and Conditions of Use (hereinafter “GTCU”) of Fendt-Caravan GmbH, Gewerbepark Ost 26, 86690 Mertingen, registered at Augsburg Local Court under No. HRB 16530 (hereinafter “Fendt-Caravan”) governing the use of the German-language websites “next-caravan.de” and “next-caravan.com”, as well as all other websites operated by Fendt-Caravan GmbH under the URL “next-caravan” and bearing the respective country code (hereinafter collectively referred to as “the websites”). By registering with Fendt-Caravan, you confirm that you have read, understood and accepted these Terms and Conditions.

1. Scope of the Terms of Use

1.1. These Terms of Use apply to all content, functions and other services (hereinafter collectively referred to as “Services”) that Fendt-Caravan makes available to you on the Websites.

1.2. Fendt-Caravan reserves the right to amend and/or supplement these Terms of Use in future. Fendt-Caravan will notify you of such changes in good time. Such changes shall be deemed to have been approved by you unless you object to the changes or terminate the contract within one month of receiving the notice of change. In the event of an objection, you will no longer be able to use Fendt-Caravan’s services.

2. Registration

2.1. You may use the websites without registering and view all services made available for unregistered use. However, if you wish to post any content on the websites yourself, you must first register with Fendt-Caravan by opening a user account. Registration is free of charge. Upon registration, a contract governing the use of the websites is concluded between Fendt-Caravan and you.

2.2. When registering, you must provide your full and correct first name and surname, as well as a valid email address. Further details are optional.

2.3. The username must not consist of an email or internet address, must not infringe the rights of third parties – in particular, no rights to names or trademarks of third parties – must not contravene public decency, and must not be vulgar, racist or offensive in any other way.

2.4. When registering, you must choose a username and a password.

2.5. You are responsible for, and liable for, all activities carried out using your username. You must therefore keep your password confidential and take care to secure access to your user account. If you have reason to believe that your user account has been misused by a third party, you must delete it and, if necessary, create a new one.

2.6. You are not authorised to transfer your membership account to a third party without the prior written consent of Fendt-Caravan.

3. Services

3.1. Fendt-Caravan reserves the right to discontinue individual services or parts of individual services at any time without prior notice.

3.2. All rights to programmes, services, processes, software, technologies, trademarks, inventions, databases and all materials belonging to Fendt-Caravan are held exclusively by Fendt-Caravan. The use of all programmes and the content, materials and trademarks contained therein is permitted solely for the purposes set out in these Terms of Use. Reproduction of the programmes, services, processes, software, etc. – for whatever purpose – is prohibited.

4. Content

4.1. You are responsible for all content, such as texts, data, photographs and photo series (hereinafter ‘content’), which you submit to Fendt-Caravan. This content is not reviewed by Fendt-Caravan prior to its publication on the website or any of the websites and does not represent the views of Fendt-Caravan. Fendt-Caravan expressly distances itself from this content. This is not Fendt-Caravan’s own content, but third-party content provided by users of the websites. Fendt-Caravan is interested in the diversity of its users’ opinions and provides them with a forum for expressing these opinions. Fendt-Caravan reserves the right to review the content on a case-by-case basis. You have no legal right to the publication of the content you submit.

4.2. It is your responsibility to ensure that the content you submit is lawful, in particular that it does not contravene applicable laws and does not infringe the rights of third parties. In particular, you undertake to Fendt-Caravan to ensure that the content you submit does not contravene criminal law, copyright law, competition law, laws on the protection of minors, trade mark law and other industrial property rights, or the personal rights of third parties. In this regard, it is expressly prohibited to submit content that

4.2.1. is offensive, defamatory, threatening, obscene or harassing,

4.2.2. is racist, Nazi in nature or serves illegal purposes,

4.2.3. constitutes propaganda for organisations that are hostile to the constitution,

4.2.4. glorifies and/or trivialises drugs,

4.2.5. glorifies and/or trivialises war or violence,

4.2.6. contravenes public decency, good taste or good manners,

4.2.7. is grossly offensive,

4.2.8. is of a pornographic or sexual nature,

4.2.9. is harmful to young people,

4.2.10. is extremist,

4.2.11. promotes a terrorist or extremist political organisation,

4.2.12. incites a criminal offence,

4.2.13. contains defamatory statements,

4.2.14. is punishable by law or otherwise unlawful, or links to unlawful content, or

4.2.15. contains party or political propaganda.

4.3. The content you submit must not contain any falsehoods about third parties, nor must it otherwise infringe any rights, in particular the personal rights of third parties.

4.4. By submitting content, you warrant that you hold the necessary rights of use for the publication of this content on the internet. Furthermore, you warrant and represent that the content you submit is not subject to any third-party rights.

4.5. In particular, before submitting an image file, you must ensure that you hold the rights of use to the photograph or file, including the right to make it publicly available via the internet.

4.6. You are obliged to indemnify Fendt-Caravan against all claims by third parties arising from the infringement of their rights, in particular their copyright, industrial property rights and other intellectual property rights, as a result of the content you have submitted. You are also obliged to notify Fendt-Caravan immediately if you subsequently become aware that you do not hold the necessary rights of use for the publication of this content, or if you subsequently become aware that this content is unlawful. Fendt-Caravan is entitled to disclose your personal data to third parties if, in Fendt-Caravan’s view, there is reasonable suspicion that the content you have submitted has infringed the rights of third parties, and third parties assert such infringement against Fendt-Caravan.

4.7. By submitting content, you grant Fendt-Caravan the irrevocable, unlimited in time and geographical scope, and transferable right to reproduce, distribute, publish, display, make publicly available, modify, translate and store the content. This includes the right to edit the content, format it, adapt it to the file formats required for use, and alter and/or improve the display quality. This grant of rights shall continue beyond the term of this contract; in other words, upon termination of the contract, we are under no obligation to delete any content you have submitted to Fendt-Caravan. Your obligation to notify and indemnify us in accordance with clause 4.7 remains unaffected by this. However, your obligation to notify and indemnify Fendt-Caravan shall not apply if you have informed Fendt-Caravan that you do not (or no longer) hold the necessary rights of use for the publication of the content, or if, in your view, the content is not (no longer) lawful and Fendt-Caravan fails to remove the content from its ‘next-caravan’ website within a reasonable period thereafter. You are obliged to specify to Fendt-Caravan exactly which content you believe is in question, (time and place of posting, which forum, rumour mill, discussion group, etc.), as this is the only way to ensure that Fendt-Caravan can remove the content from its website within a reasonable period of time.

5. Deletion, warnings and suspension

If there are concrete grounds to suggest that, when submitting content and/or using the services, you are breaching statutory provisions, the rights of third parties or these Terms of Use, or if there is any other valid reason, Fendt-Caravan may delete all or part of the content you have submitted without further notice or prior warning, restrict your rights of use in forums or other user sections, issue you with a warning, or suspend your user account temporarily or permanently. When deciding on such measures, Fendt-Caravan will take your legitimate interests into account.

6. Liability of Fendt-Caravan

6.1. Fendt-Caravan expressly distances itself from the content of all websites linked to next-caravan and accepts no responsibility or liability for such content. The providers of the respective websites are themselves responsible for such content.

6.2. Fendt-Caravan cannot guarantee the continuous availability and functionality of the websites and services, but endeavours to keep the websites available as consistently as possible. Fendt-Caravan accepts no liability for outages, data loss or transmission errors. Furthermore, Fendt-Caravan shall not be liable for any disruption to the quality of access to Fendt-Caravan’s services. Fendt-Caravan is entitled to discontinue the operation of the websites or individual services at any time and without prior notice. Fendt-Caravan’s liability for damages or consequential damages is also excluded in such cases.

6.3. In accordance with Section 10 of the Telemedia Act, Fendt-Caravan is liable for unlawful content made available for use only if

6.3.1. Fendt-Caravan is aware of the unlawful content, or Fendt-Caravan is aware of facts or circumstances from which the unlawful content is apparent, and

6.3.2. Fendt-Caravan has not taken immediate action to remove the information or block access to it as soon as Fendt-Caravan became aware of it.

6.4. Otherwise, Fendt-Caravan shall only be liable for damage resulting from wilful misconduct or gross negligence, as well as for damage arising from slightly negligent breaches of material contractual obligations. In the latter case, liability is limited to the damage that is typically foreseeable. These limitations of liability also apply in the event of breaches of duty by Fendt-Caravan’s legal representatives or vicarious agents. The above limitations of liability do not apply where the breach of duty affects life, physical integrity or health.

6.5. Any liability beyond this is excluded.

7. Term of the contract/termination

7.1. You are entitled at any time to terminate the licence agreement with immediate effect, without giving notice and without stating a reason.

7.2. Either party is entitled to terminate the user agreement for good cause. Good cause for termination by Fendt-Caravan shall be deemed to exist, in particular, if you repeatedly breach essential provisions of these Terms of Use despite having been warned.

7.3. You may terminate the agreement by submitting an electronic form provided for this purpose by Fendt-Caravan on the website: in your user profile, on the right-hand side next to the option to change your password, you will find the ‘Delete account’ function. Once submitted, Fendt-Caravan will deactivate your user account immediately. Termination by Fendt-Caravan takes effect upon the permanent suspension of your user account.

8. Right of withdrawal

8.1. If you have registered with Fendt-Caravan for a purpose that cannot be attributed to either your commercial or self-employed professional activities, the following provisions also apply to you as a consumer in accordance with Section 13 of the German Civil Code (BGB):

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date your user account is activated. To exercise your right of withdrawal, you must inform us (Fendt-Caravan GmbH, Gewerbepark Ost 26, 86690 Mertingen, info@fendt-caravan.de) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or email). You may use the attached model withdrawal form for this purpose, although this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send the notification of your exercise of the right of withdrawal before the withdrawal period expires.

Consequences of withdrawal

If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of any additional costs arising from your choice of a delivery method other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days of the day on which we receive notification of your withdrawal from this contract. We will make this refund using the same payment method you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees in connection with this refund

Model Withdrawal Form

(If you wish to withdraw from the contract, please complete this form and return it.)

To [the trader must insert their name, address and, where applicable, fax number and email address here]:

I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

Ordered on (*)/received on (*)

Name of the consumer(s)

Address of the consumer(s)

Signature of the consumer(s) (only if notifying in writing)

Date

(*) Delete as appropriate.

8.2. In accordance with Section 312d(3) of the German Civil Code (BGB), your right of withdrawal expires before the expiry of the two-week withdrawal period specified in clause 8.1 if Fendt-Caravan has commenced the provision of the services for which you have registered, or if you have yourself initiated the performance of the services provided by Fendt-Caravan for which you have registered (e.g. by posting content on one or more of the websites).

9. Data Protection

The security and protection of data are of particular importance to Fendt-Caravan. Fendt-Caravan undertakes to comply with the statutory provisions on data protection, in particular the General Data Protection Regulation (GDPR) and the Telemedia Act (TMG). Furthermore, Fendt-Caravan draws all users’ attention to its privacy policy.

10. Final Provisions

10.1. The User Agreement and the use of Fendt-Caravan’s services are governed exclusively by German substantive law.

10.2. The courts in Augsburg shall have jurisdiction over any disputes arising from or in connection with the user agreement or the use of Fendt-Caravan’s services, provided that you are a trader, do not have a permanent residence in Germany, move your place of residence or habitual abode abroad after these terms and conditions come into effect, or if your place of residence or habitual abode is unknown at the time the action is brought. However, Fendt-Caravan is entitled to bring proceedings against you before other competent courts as well.

10.3. Should one or more provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be deemed to be replaced by a valid provision that most closely approximates the economic meaning and purpose of the invalid provision.