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General Terms of Business for Using and Ordering Services in the ExhibitorShop |
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The following terms apply to all use of the ExhibitorShop (Part
A) provided by NürnbergMesse GmbH and to ordering goods and
services via the ExhibitorShop (Part B). |
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Part A |
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§ 1 Validity of these terms |
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1. The ExhibitorShop may
only be used within the scope of the legal regulations and these
General Terms of Business. 2. Conflicting contractual terms of the exhibitor will not
be recognized. |
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§ 2 Registration |
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1. Only users registered as exhibitors may use the ExhibitorShop
of NürnbergMesse GmbH. No entitlement exists to registration for the ExhibitorShop. The registration itself is free. The
registration as exhibitor constitutes a contract (hereinafter referred to as
the licence agreement)
between NürnbergMesse GmbH and the user governing the use of
the ExhibitorShop. 2. Registration is only permitted for corporate bodies and individuals with
full legal capacity to act. The registration of minors is prohibited. 3. The data requested by NürnbergMesse GmbH for the registration shall be provided in a complete and correct form, e.g.
first name and surname, current address (not P.O. Box) and telephone number,
a valid e-mail address and company name, if applicable. The
registration of a corporate body may only be undertaken by a named individual
authorized to represent the body. Only individual persons may be entered as holder of the member's account on registration
(no joint accounts). In the event of subsequent changes to the registration
data, the user himself is obliged to NürnbergMesse GmbH to correct
the information in his user account without undue delay. 4. The user receives a customer number, order number and password on
registration. The user must keep his password
secret. NürnbergMesse GmbH will not disclose passwords to third
parties. 5. To protect the user's data against misuse by third parties, NürnbergMesse
GmbH will not ask a user for his password by e-mail or telephone. NürnbergMesse GmbH
uses only the URLs shown here to request the password on login pages or
Internet forms. 6. The user account is not transferable. |
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§ 3 Object and scope
of licence agreement |
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1. NürnbergMesse GmbH may associate the use of the ExhibitorShop or the extent
to which individual functions and services can be used with certain
conditions, e.g. check of registration data etc. 2. The user's entitlement to use the ExhibitorShop and
its functions exists only to the extent allowed by current technical
standards. NürnbergMesse GmbH may restrict its services
temporarily, if this is necessary with regard to capacity limits, the
security or integrity of the servers or for implementing technical measures
and is in the interests of proper or improved performance of the services
(maintenance work). |
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§ 4 Exclusion, cancellation and termination |
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1. NürnbergMesse GmbH may adopt the following measures if firm evidence
exists that a user has contravened legal regulations, third-party rights or
these GTBs, or if NürnbergMesse GmbH has any other justified
interest: · warn users · restrict the use of the ExhibitorShop, · temporary or permanent exclusion (§ 4 no. 2)
2. NürnbergMesse GmbH may exclude a user permanently from using the
Internet platform (permanent exclusion), if the user · transfers his user account, · seriously damages other users, third parties
or NürnbergMesse GmbH, particularly if he misuses services
of NürnbergMesse GmbH for his own, incorrect or unreasonable
purposes, · or another
important reason exists.
3. NürnbergMesse GmbH may terminate the licence agreement
at 14 days notice at any time with effect
from the end of the month. The right of exclusion remains unaffected by such termination. 4. Invoices sent to the user by post or e-mail are due for payment within 30
days of receipt, otherwise the user shall be deemed
to be in default without the issue of further reminders. |
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§ 5 Data security |
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The user himself is responsible for storing information that can be
viewed in the ExhibitorShop and stored
by NürnbergMesse GmbH if he needs such information for the purpose
of securing evidence, accounting, etc. and shall store such information on a
data storage medium that is independent of NürnbergMesse GmbH. |
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§ 6 Use of addresses and
contact data |
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1. Users are not allowed to use addresses, contact data and e-mail addresses
obtained through the use of the ExhibitorShop for purposes other than communication
in connection with the contract or contract preliminaries. The use of this
data for commercial or unsolicited advertising (spam) is
strictly prohibited. 2. Users are not permitted to enter unfair or
otherwise illegally obtained e-mail addresses in the system. 3. The ExhibitorShop also enables users
to send their customers electronic guest cards. Users are
not allowed to send these electronic guest cards without the prior approval
of the addressee, unless the user has obtained the addressee's e-mail address
in connection with the sale of goods or services, the user uses the e-mail
address for direct advertising for his own similar goods or services, the
addressee has not objected to the use of his e-mail address and the addressee
has been clearly informed at the time of collecting the address and each time
the address was used that he can object to the use of his address at any
time, without incurring any costs other than transmission costs at the basic
rates. |
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§ 7 Indemnification |
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The user shall
indemnify NürnbergMesse GmbH against all claims asserted
against NürnbergMesse GmbH by other users or third parties due to
violation of their rights by data and addresses placed in the ExhibitorShop by the user, the transmission of
electronic guest cards in contravention of § 6 no. 4 of these General Terms
of Business or other use of the ExhibitorShop by
the user. The user shall also settle
the costs of any necessary legal defence of NürnbergMesse GmbH,
including all court and lawyer costs. This shall not apply if the legal
violation is beyond the control of the user. |
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§ 8 Interference with ExhibitorShop |
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1. The user is not entitled to use mechanisms or software in connection with
using the ExhibitorShop if these could
disturb the operation of the ExhibitorShop.
Any other interference with the system integrity of the ExhibitorShop by the user is
prohibited. 2. The contents stored in the ExhibitorShop may not be copied, distributed, used in any other way or
reproduced without the prior approval of the holder of the rights.
This also applies to the use of automatic mechanisms. The layout of the ExhibitorShop and these GTBs may only be reproduced
and/or used on other Web sites with the prior written approval
of NürnbergMesse GmbH. |
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§ 9 Transfer of contract to
third parties |
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NürnbergMesse GmbH is entitled to fully or partly
transfer its rights and obligations arising out of this contractual
relationship to a third party subject to four weeks
notice. In this case, the user shall be entitled to terminate
the licence agreement after notification
of the transfer by sending an e-mail to osc@nuernbergmesse.de. |
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§ 10 Liability |
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1. Except in case of violation of major contractual
obligations, NürnbergMesse GmbH shall be liable for damages to
companies only if and to the extent that this is caused by intention or gross
negligence on the part of NürnbergMesse GmbH or its legal
representatives or executives. In the case of other
agents, NürnbergMesse GmbH shall be liable only in case of
intention and as far as these agents violate major contractual obligations
through intention or gross negligence. No liability exists
for consequential damage and particularly not for loss of profit, except in
case of intention or gross negligence on the part of legal representatives or
executives or wilful conduct by other
agents of NürnbergMesse GmbH. Except in case of intention or gross
negligence on the part of NürnbergMesse GmbH or its legal
representatives or executives, liability shall be limited to typical damage
foreseeable at the time of concluding the contract. 2. NürnbergMesse GmbH shall be liable to consumers only in case of
intention or gross negligence. In the event of violation of major contractual
obligations, default or failure of NürnbergMesse GmbH to render the
services, NürnbergMesse GmbH shall, however, be
liable for any case of negligent conduct by its employees or agents. Except
in case of intention and/or gross negligence by legal representatives,
employees or other agents, the extent of liability
of NürnbergMesse GmbH shall be limited to typical damage
foreseeable at the time of concluding the contract. 3. The aforementioned liability exclusions and limitations in respect of
companies or consumers shall not apply in the case of acceptance of express
guarantees by NürnbergMesse GmbH or to damages arising out of
damage to life, body or health or in case of mandatory legal regulations. |
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§ 11 Written form,
prevailing law and place of jurisdiction |
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1. All declarations transferred in connection with the licence agreement to be concluded
with NürnbergMesse GmbH must be made in writing or by 2. The licence agreement including these
GTBs is governed by the law of the Federal Republic of Germany, excluding the
rules of private international law and excluding the United Nations
Convention on Contracts for the International Sale of Goods (CISG). 3. The sole place of jurisdiction for all disputes arising out of the licence agreement and these GTBs is Nuremberg. |
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§ 12 Severability clause |
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If a provision of these GTBs becomes void, this shall not affect the
effectiveness of the remaining provisions. In this case, the parties shall
co-operate to replace the void provision with a legally admissible and
effective one that represents the intended purpose of the void provision as
accurately as possible. |
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Part B |
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The following provisions apply to ordering goods and services in the ExhibitorShop and are supplementary to the terms stated
in Part A. |
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§ 13 Provision of the service |
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1. The goods and services ordered via the ExhibitorShop will be delivered or provided by NürnbergMesse GmbH
direct or by the respective service partner stated as subcontractor on the
order. 2. This shall not apply to the expressly designated cases in which NürnbergMesse
GmbH acts only as agent and enables the user to order services offered by a
third-party supplier. In these cases, NürnbergMesse GmbH accepts no
contractual obligations whatsoever. In
particular, NürnbergMesse GmbH accepts no responsibility for the
correctness and completeness of the information provided by the third-party
supplier or for the freedom from defects and completeness of the service
rendered by the third-party supplier. |
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§ 14 Special conditions for
services provided by service partners |
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If service partners work as subcontractors
for NürnbergMesse GmbH, the "Special Conditions for
Services" provided by service partners shall also apply. The General
Terms of Business of the ExhibitorShop take
priority. |
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§ 15 Priority of
applicability of the General |
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The validity of the "General Conditions for Participation in Fairs
and Exhibitions" and the "Special Conditions for
Participation" of NürnbergMesse GmbH are not
affected by the General Terms of Contract. The "General
Conditions for Participation in Fairs and Exhibitions" and the
"Special Conditions for Participation" take priority in the event
of contradictions with the General Terms of Business of the ExhibitorShop. |
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§ 16 Billing |
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If NürnbergMesse services are provided by
service partners, they are billed direct by the service partner in the
name of and for the account of NürnbergMesse GmbH. Collection from
the stand during the exhibition is permissible. The following credit cards
are accepted by most service partners: MasterCard, American Express, VISA, partly
Diners Club |
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§ 17 Prices |
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Unless otherwise stated, all prices are net and subject to the statutory
rate of VAT. Payments are due in full immediately on receipt of the
invoice. Invoices are issued in EUR. |
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§ 18 Defects |
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1. The exhibitor is obliged to check the services provided for him for
defects and completeness without delay. To avoid the
loss of all claims, the exhibitor must lodge complaints about apparent
defects or incompleteness in writing to the service partner without delay as soon as detected. 2. Claims concerning defective or incomplete provision of services are to be asserted solely against the service partner. |
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§ 19 Cancellation of order |
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If the exhibitor cancels the order for rental
exhibition stands and/or other
services, the following cancellation fee is payable based
on the value of the order: |