FACEGOLD24 General Terms and Conditions
1.1 FACEGOLD24 LTD, 40 Gracechurch Street - iPlan - LONDON EC3V 0BT, UNITED KINGDOM (Company No. 09184669) (hereinafter "Facegold24") is the operator of Facegold24 online marketplace for quality jewellery and watches (hereinafter the "platform"). The following "Facegold24 General terms and conditions" apply to the free use of the platform.
1.2 The General terms and conditions can be downloaded and printed in the current version at http://www.facegold24.co.uk/general-term for the duration of the agreement.
Sending the online registration represents a legally binding offer to form a contract with Facegold24. The user shall be notified by e-mail of receipt of his/her registration enquiry. However, a visitor agreement shall not as yet come into effect. The user must activate his/her user account by clicking on the activation link. The user account will not become active until it is activated by Facegold24. A visitor agreement shall only come into effect when the user account is activated by Facegold24.
3. Service description
3.1 Facegold24 offers registered users the technical possibility of contacting jewellery and watch sellers via the platform.
3.2 Facegold24 itself does not offer items for sale on the platform. Sellers’ ads retrievable on the platform do not represent any legally binding offer of sale to enter a purchase agreement, but are merely a non-binding invitation to the provider to submit offers of sale.
3.3 Any contractual relationship will be formed exclusively between the seller and the user. Facegold24 is not a representative of the seller or the user. The fulfilment of contracts initiated on the platform shall also take place exclusively between the seller and the user.
4. Registration, user account and user Information
4.1 Registration is only allowed for persons of unlimited legal capacity. Minors in particular may not register.
4.2 A current e-mail address and a password are required to register and to log in. With the same e-mail address, it is possible to create only one user account. The e-mail address is also used for communication with Facegold24 and is essential for all contractually relevant correspondence between Facegold24 and the user.
4.3 The password is confidential and care must be taken to ensure that access to the user account is secure. Users are obliged to notify Facegold24 immediately in case there are signs that a user account has been misused by third parties.
4.4 The user account is strictly personal. The user is not entitled without the express consent of Facegold24 to transfer the profile to a third party. Neither is the user entitled without the express consent of Facegold24 to enable third parties to access his/her user account using his/her login details.
4.5 The user shall in principal be liable for all activities that take place while using his/her user account. The user shall not be liable if he/she is not responsible for the misuse of his/her user account because there is no breach of the existing duty of care.
5. Use of the platform
5.1 Facegold24 provides free functions to registered users, which facilitate the use of the platform. In particular, it is possible to search for offers (e.g. notepad, chronography), and manage user accounts. Registered users can also enjoy improved communication with providers.
5.2 Facegold24 may change the use of the platform, or individual functions, or the scope in which individual functions can be used at any time.
5.3 Registration is free of charge.
6. User obligations
6.1 The user must refrain from any activity aimed at disrupting the operational aspects and technical infrastructure of the platform and/or overloading it. This particularly includes:
- the use of software, scripts or databases in connection with the use of the platform;
- automatic reading, blocking, overwriting, modification, copying of data and/or other content unless essential for the proper use of the platform;
- distribution and/or public display of any content from the platform without previous approval of Facegold24.
6.2 Users may search for commercial offers on the platform solely by means of the search forms provided by Facegold24. Avoiding the search forms, in particular by using automated search software to access Facegold24's databases, is not permitted when searching for offers.
6.3 Data and contents obtained or made accessible to the user through search queries or using the platform may not be used in full, in part or as extracts
- to establish a personal database in whatever media format and/or
- for commercial use of data or to supply information and/or
- for any other commercial use.
6.4 The user may not use the platform to send any advertising messages without the approval of the recipient (particularly spam).
6.5 The user shall notify Facegold24 immediately if any disruption occurs while using the platform or its functions. The same shall also apply if the user finds out that commercial offers or contents published by third parties clearly infringe prevailing law or third-party rights.
7. Term of contract, termination, blocking
7.1 The visitor agreement is for an indefinite period and can be terminated at any time with immediate effect.
7.2 The right of the parties to end the contractual relationship by extraordinary termination for good cause remains unaffected. A good cause for Facegold24 to terminate this agreement without notice is if the user persistently infringes his/her duties as stipulated in clauses 4.3, 4.4 or section 6 of this agreement.
7.3 In the event of a good cause that allows termination without notice, Facegold24 may at its own discretion deny access to the user account instead of termination. Facegold24 may also block access if the user has not used his/her login details at least one year.
7.4 With the termination the user will not have access to his/her user account.
7.5 Termination by Facegold24 shall be deemed valid, amongst other things, if it is notified to the e-mail address that he/she has provided. Terminations by the user must be given in writing or by using the relevant function to delete the user account on the platform.
8. Warranty and liability
8.1 Facegold24 does its best to provide and operate a non-disruptive and durable platform. This is obviously restricted to services over which Facegold24 has an influence. The user however acknowledges that full, uninterrupted platform availability is not always feasible. In particular, Facegold24 has the right to restrict access to the platform in full or in part, on a temporary or long-term basis, due to maintenance work, capacity and due to other events outside the power of Facegold24.
8.2 Facegold24 does not in principal pre-check the contents and commercial offers posted on the platform. Facegold24 cannot therefore give an assurance that the information and commercial offers posted on the platform are correct, accurate, reliable, up-to-date, applicable, complete and/or free from defects.
8.3 Facegold24 does not undertake any responsibility in the case of an ordinary negligent infringement of not material obligations, whose initial fulfilment enables the due performance of the agreement and compliance with which the user may regularly depend upon.
8.4 Liability is excluded to the extent permitted by law for ordinary negligence of duty affecting the availability of the platform or its contents.
8.5 The above liability restrictions apply analogously in the case of damage caused by authorised agents, particularly partners. Facegold24 is not liable for the actions of users or other third parties. Neither do such third parties act as vicarious agents for Facegold24. To the extent permitted by law, liability for indirect and consequential damages is excluded.
8.6 The liability of Facegold24 for malicious intent, gross negligence, personal injury and pursuant to statutory regulations remains unaffected by the above liability restrictions.
9. Data protection
Data protection is subject to Facegold24 Privacy statement
10. Right of Indemnity
10.1 The user shall hold Facegold24 and its staff and/or appointees harmless from all third-party claims in case a claim is asserted on account of purported or actual legal infringements and/or infringement of third-party rights in connection with use of the platform by the user.
10.2 The user shall agree to reimburse Facegold24 all potential costs arising from a third-party claim. Reimbursable costs shall also include the costs of appropriate litigation and legal defence, which Facegold24 would incur to defend itself from third-party claims. In this case, Facegold24 shall notify immediately the affected user of the legal defence measures to be taken.
11. Final provisions
11.1 If one or more provisions of the contractual provisions are or become invalid or inapplicable, this shall not otherwise affect the applicability of the other provisions.
11.2 The law of the United Kingdom shall apply.
11.3 Facegold24 shall notify the user in written form of any amendments to these provisions without obligation to send or communicate the amended provisions or the new version of the provisions; it shall be sufficient to notify the user that an amendment has been made and to provide a link to the amended General terms and conditions. If the user fails to object to the amendment in written form within 15 days as of the notification, the amendment shall be deemed to have been accepted; Facegold24 shall make reference to this fact in its notifications of amendment.
11.4 Facegold24 is entitled to transfer this visitor agreement, including all additional agreements with all right and obligations, to a company of its choice. In case this agreement is transferred to another company, the user shall have a special right of termination, which must be asserted in writing within 15 days of notification by Facegold24. In this notification Facegold24 shall refer separately to the significance of the user’s action.
11.5 In case of any dispute arising out of or in connection to these General Terms and Conditions, the parties should first attempt amicably to resolve the dispute. In case of failure to reach an amicable settlement, these General Terms and Conditions are governed by the English law in an appropriate court in London.