GENERAL PROVISIONS

§ 1 General Provisions, Scope
These General Terms of Use shall be applied to all legal relations of the Vendor, MOLNÁR Krisztián , address: Schönhardter Straße 3, 73560 Böbingen an der Rems, Germany, Phone: +49 (0) 7173 9258383, Fax: +49 (0) 7173 9258384, E-Mail: admin@abarad.de (hereinafter: Vendor) with the Users of the website https://abarad.eu and its sub-pages (hereinafter: abarad.eu) Visitors who use the website to conduct purchase transactions constitute to Users. Vendors are bound by separate contractual terms.
(2) Unless the Vendor expressly declared the opposite in writing, User’s any other terms shall be void. Individual agreements always take precedence.
(3) The text of such Agreements is not saved by the Vendor, therefore, following the conclusion of the Agreement, such texts are not available. The Agreement is executed in German,Hungarian,English language. User may download, save and print these General Terms of Use.
(4) The business relation between the Vendor and the User are governed by the laws of the Federal Republic of Germany. For Consumers, this applicable law is only effective, as long as it is not in conflict with the binding provisions of the consumer protection regulations of the county where the User is a habitual resident. The application of UN Purchase Rights are ruled out.
(5) Court jurisdiction shall be 73560 Böbingen an der Rems, as long as the retailer User is a legal entity of public law or a public law separate asset.
(6) Consumers are entitled to seek alternative dispute resolution. The below link to the EU Commission (also called OS-Platform) contains information with regards to online dispute resolution and it serves as an out-of-court dispute resolution center for disputes arising in connection with online sale agreements or online service agreements: http://ec.europa.eu/consumers/odr.
(7) In compliance with section 36 of the Consumer Dispute Resolution Act, Vendor hereby informs Users that Vendor is neither willing nor obliged to take part in further dispute resolution proceedings conducted by a consumer dispute resolution organization.
§ 2 Contents and Execution of the Agreement
(1) The Vendor offers Users digital contents, so called Points of Interests (POIs) to buy on his website www.abarad.eu, which may be uploaded to the website www.abarad.eu. This may be done via free- or paid packages. The offers of the vendors are only available to Users in the Federal Republic of Germany or Hungary.
(2) Free POIs may be uploaded to the website www.abarad.eu in categories “Sights” or “Trips”. The timeframe in which the POIs are advertised automatically ends on 31.12.2099
Finally, the User enters the name of the site or the touristic destination in the entry fields, along with further data necessary to identify the position thereof. Upon entering all data, the system computes the coordinates of the POI. At this point, the User shall log in. After clicking on the “Next” button, User can once again check the entered data and submit his/her order. Vendor’s acceptance of a free order from the User constitutes to an indefinite term Service Agreement between Vendor and User.
(3) Paid POIs may be uploaded to the website www.abarad.euin categories “Production” or “Accommodation”, “Restaurants”, “Events”, “Novelties”, “Cars”, “For Rent”. Then, User must specify the timeframe of the paid advertisement of the POI (1 month, 6 months, 12 months) and finally, the starting- and the end date of the advertisement timeframe. Upon entering all data, the system computes the coordinates of the POI. Then, User must enter the name or the business relation of the paid category, along with further data to identify of the position. After entering all data, the User shall log in (see section 3 of the General Terms of Use). After clicking on the “Next” button, User can once again check the entered data and submit his/her order in exchange of payment, effected by the button “Pay”. Vendor’s acceptance of a paid order from the User constitutes to an indefinite term Sale Agreement between Vendor and User. Price lists published on www.abarad.eu do not constitute to offers in a legal sense.
(4) Prior to sending a binding order via clicking on the “Pay” button, User may change all entered data via the touchscreen-, keyboard- and/or mouse functions. Prior to the submission of the order, User can set whether the Vendor shall start performing the Agreement with regards to the digital contents before the expiration of the cancellation deadline. Furthermore, all entered data are shown once again in a confirmation window before submitting the binding order. Receipt of the order will be confirmed to the User via email.
(5) Upon confirmation of the conclusion of the Agreement, User will receive the text of the Agreement, these General Terms of Use and the Cancellation Policy via email.

§ 3 Login
(1) Visiting of the website and surfing through the offered merchandise may be done without logging in. However, upon the conclusion of an agreement with one of the vendors, User shall log in to the website, wherein User shall accept the General Terms of Use and the Privacy Policy.
(2) During the login, User shall disclose his/her email address and telephone number. The email address specified by the User will be used for communication between the vendor and the User.
(3) Vendor confirms the conclusion of the Agreement to the User via email. The confirmation email also contains this General Terms of Use and the cancellation policy. Its not required to enter into a separate agreement with regards to the use of the site.
(4) Only persons with unrestricted legal capacity are authorized to log in. Minors may not log in.
(5) The data requested during login shall be given in their complete and correct form, for example the name, surname, current address (no PO Box) and telephone number, valid email address. Should the entered data subsequently change, User shall promptly amend such data.
(6) Users shall promptly inform the Vendor, if circumstances suggest that his/her access data were abused. All Users shall be liable for all activities conducted while they are logged in their accounts, and they shall hold the Vendor harmless from any third party compensation claims arising from such abuse, except where such abuse is beyond the control of the User.
§ 4 Prices, Sales Tax and Payment
(1) All prices already include the statutory sales tax.
(2) Costs of creation of the digital contents shall be borne by the User. Unless the Parties individually agree otherwise, payment of the purchase price shall be effected directly after confirmation of the order by PayPal.
(3) Payments shall be due and payable immediately.
(4) Should the User be late with his/her payment obligations, Vendor shall be entitled to claim damages, as set forth in the applicable statutory provisions.
(5) Vendor shall always issue an invoice to the User and send it to User as a text.
§ 5 Creation of Digital Contents
(1) Digital contents shall be created upon receipt of the payment sent by the User, as a result of which the POI appears on the map displayed on the website www.abarad.eu. Vendor calls the attention of the User to the fact that every time a digital content is retrieved, prior establishment of an internet connection is necessary.
(2) Digital contents are available on the website www.abarad.eu for 1 month, 6 months or 12 months, depending on the purchased package.
(3) User may form no property rights to any of the digital contents. User is solely entitled to the simple, temporally restricted, personal and non-transferable rights to use the digital contents for personal or commercial purposes.
(4) Vendor may restrict access to his services, if required for the security of the operation of the network, the preservation of the integrity of the network, especially for the elimination of significant interruptions in the operation of the network or the software, or for maintenance of integrity of the saved data. Service interruptions arising due to reasons beyond the responsibility of the Vendor do not entitle for price reductions. The same applies for controlled service interruptions required by maintenance.
§ 6 Term of the Agreement
Every Agreement is automatically terminated after the expiration of the agreed deadline. Both Party’s right to a termination for a cause shall remain unaffected.
One week prior to the expiration of the Agreement, User receives an email entailing the information that the term of the Agreement expires in 7 days.
§ 7 Responsibility for the Contents, Liabilities
(1) Vendor disclaims all liabilities for the completeness, correctness or currency of the information or documentation made available on the website. This especially applies to the offers and descriptions created by the Users.
(2) In addition to the liability for material defects or defects of title, Vendor shall be liable for all damages caused by him, provided that such damages were caused willfully or out of significant negligence. Also, Vendor shall be liable for smaller negligent violations of significant obligations (violations endangering the performance of the Agreement to its terms) or violation of material obligations (obligations that form the very basis of the due performance of the Agreement, and that’s performance the User regularly relies on), but only for predictable damages that are characteristic to the Agreement. Vendor shall not be liable for smaller negligent violations of any other obligations. Vendor shall be liable for direct damages, especially for loss of profit, only if such damages arose as the result of a willful misconduct or significant negligence of the Vendor’s legal representative, officers or agents.
(3) Liability disclaimers of the above paragraph shall be void in the event of loss of life, bodily integrity or health, lack of provision of a guarantee or fraudulently hidden shortcomings.
(4) If the liability of the Vendor is restricted or ruled out, this also applies for the personal liability of his employees, representatives and agents.
§ 8 Amendments of this General Terms of Use
Vendor reserves the right to amend this General Terms of Use from time to time, without specifying the grounds for such amendments. The amended terms shall be sent to Users at least two weeks prior to their effective date of the amendments via email. If User does not oppose the validity of the new General Terms of Use within six weeks of the electronic receipt thereof, the amended General Terms of Use shall be construed as accepted. In the email containing the amended terms, Vendor shall also inform the User of the consequences of said deadline.