Terms and Conditions
These General Terms and Conditions (hereinafter: “LastDraw GTC”) regulate the use of the website (lastdraw.com), services, local and mobile applications (hereinafter: “Apps”) and LastDraw applications as well as their integration into other websites , Applications and Services (hereinafter collectively: “LastDraw Services”). Certain functionalities and additional options may not be available with all LastDraw services or require a LastDraw account to be registered. For the use of the LastDraw services via apps, the provisions for mobile devices apply in addition to these LastDraw terms and conditions.
The contractual partner of a user is:
Last Media GmbH
The contractual partner is hereinafter referred to as "LastDraw".
The use of the LastDraw services is regulated by the LastDraw principles in addition to the LastDraw GTC.
The following LastDraw principles are of particular importance:
- the principle technical problems
- principles for the setting of articles
- principles to ineligible items
- principle to the use of links to the LastDraw article pages
- principle to seller standards LastDraw
- principle for manipulating reviews and principle to the service status and Reviews
- LastDraw policy on intellectual property
- Policy on the publication of contributions and content in the LastDraw community
- Policy on LastDraw buyer protection
- Policy on international listing of offers at LastDraw
If you use LastDraw as a consumer, the following applies to you:
Right of You have the right to revoke this contract within fourteen days without giving reasons.
The cancellation period is fourteen days from the day the contract is concluded.
In order to execute your right of revocation, you must inform us of your decision to revoke this contract by post or email by means of a clear declaration (e.g. a letter sent by post or email). You can use the attached form for this purpose, but this is not mandatory.
In order to meet the cancellation deadline, it is sufficient for you to send your notification that you are exercising your right of cancellation before the cancellation period has expired.
Consequences of revocation
If you revoke this contract, we will have you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from the fact that you use a different type of delivery than the one we offer, have chosen the cheapest standard delivery), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment.
If you have requested that the services should begin during the cancellation period, you have to pay us a reasonable amount, which corresponds to the proportion of the services already provided up to the point in time at which you informed us of the exercise of the right of cancellation with regard to this contract Compared to the total scope of the services provided for in the contract.
Sample cancellation form
(If you want to revoke this contract, please fill out this form and send it back.)
- To Last Media GmbH, Reuthbergstr. 16, 95488 Eckersdorf:
- - I / we (*) hereby revoke the contract concluded by me / us (*) for the provision of the following service (*)
- - Ordered on (*)
- - Name of the consumer (s )
- - Address of the consumer (s)
- - Signature of the consumer (s) (only if this is notified on paper)
- - Date
(*) Delete as appropriate.
- § 1 Services
Description of § 2 Registration and LastDraw account
- § 3 Use of the LastDraw services, prohibited articles and content
- § 4 Payment processing at LastDrawformats
- § 5 Sanctions, blocking and termination
- § 6 Fees
- § 7 Offerand conclusion of contracts
- § 8 Evaluations
- § 9 Use of the API -Interface
- § 10 User account and LastDraw credits
- § 11 Trustee Service
- § 12 Redemption conditions for LastDraw gift vouchers and cards
- § 13 Conditions for coupons (discount codes)
- § 14 Limitation of liability
- § 15 Exemption
- § 16 Final provisions
- Description of With the LastDraw services, LastDraw offers a marketplace , on which natural and legal persons and partnerships ("users") offer and purchase goods and services of all kinds ("articles") (in this capacity "seller") in sales offers ("offer") (in this capacity "buyer") and other content can be published, provided that its offer, acquisition or publication does not violate legal requirements timmunge, violates these LastDraw Terms and Conditions or the LastDraw Principles.
- LastDraw does not become a contractual partner of the contracts that are concluded exclusively between the users of this marketplace.
- LastDraw promotes the LastDraw services and for this purpose offers third parties access to the offers and content of the users so that they can promote the content on websites, in apps and in e-mails. This applies, for example, to the display of offers and content from users in the context of price comparison sites or advertising placements on websites or in third-party apps.
- LastDraw has the right to technically edit offers and other content from users so that they can also be displayed on mobile devices or in apps from LastDraw or third parties. The offers and other content of the users can also be called up via the LastDraw services of other countries. Offers and other content can be automatically translated for this purpose. The seller can exclude international buyers from the purchase of his articles by expressly excluding international shipping locations or by specifying an appropriate group of buyers. If an item is sold via the LastDraw service, the general terms and conditions and applicable principles and guidelines (including any buyer protection programs) of the LastDraw service Germany apply to this offer or transaction.
- If a buyer uses the LastDraw service to purchase an item, the general terms and conditions as well as the applicable principles and guidelines (including any buyer protection programs) of the LastDraw service Germany apply to this purchase, which the buyer can view there before making the purchase.
- Despite various security precautions, it cannot be ruled out that incorrect contact details have been saved for a LastDraw account or that they have changed in the meantime.
- Offers and other user content published via the LastDraw services do not reflect the opinion of LastDraw and, in general, are not checked by LastDraw for their legality, correctness and completeness.
- LastDraw can link the use of the LastDraw services or individual functions of the LastDraw services or the extent to which individual functions can be used with specific requirements, e.g. For example: checking login details, length of use, account type (private / commercial), review profile status (including detailed seller reviews), payment history, or submission of certain evidence (e.g. proof of identity, purchase, payment, or ownership). LastDraw can, under certain conditions, restrict the purchasing activities of a user and make the submission of bids dependent on further conditions such as the previous review.
- LastDraw reserves the right to change the order in its marketplace within the framework of its principles, provided this is appropriate for the users, taking into account the legitimate interests of LastDraw.
- The right of the user to use the LastDraw services only exists within the framework of the current state of the art. LastDraw temporarily restricts its services if this is necessary with regard to capacity restrictions, the security or integrity of the servers or to carry out technical measures, and this serves the proper or improved provision of the services (maintenance work). In these cases, LastDraw takes into account the legitimate interests of the user, such as through prior information. Section 14 of these LastDraw terms and conditions (limitation of liability) remains unaffected by the above provision.
- If an unforeseen system error prevents the use of the LastDraw services, the users will be informed in an appropriate manner. The principle of technical problems applies to the crediting of the fees for the items in question and the extension of these offers.
- For the maintenance work listed in Section 1 (10), the regulation in accordance with Section 1 (11) does not apply. Offers that end during such maintenance will not be renewed, although bids or purchases are not possible during this time. Credits for fees are not issued.
- LastDraw's customer service is available free of charge to any user to submit complaints and other inquiries and also operates an internal complaint management system for this purpose. LastDraw's customer service department documents and reviews each complaint and takes all necessary measures to inform the user about it or the outcome of the complaint process.
§ 2 Registration and LastDraw Account
- Registration is only permitted for legal entities, partnerships and natural persons with unlimited legal capacity. Minors in particular are not allowed to register in order to use the LastDraw services.
- The data requested by LastDraw during registration must be entered completely and correctly. A PO box may not be specified as the address. Users who use the LastDraw Services in the course of their commercial or independent professional activities ("Business Users" or "Business Sellers") are required to open a commercial LastDraw account and to add the legally required information to their login data. If a user converts their personal LastDraw account to a commercial LastDraw account, the terms for commercial users contained in these LastDraw Terms and Conditions and the LastDraw Principles apply from the time of conversion.
- The registration of a legal person or partnership may only be carried out by a natural person authorized to represent the company, who must be named. When registering natural persons, only individuals can be identified as the owners of the LastDraw account (i.e. no married couples or families).
- If the data provided changes after registration, the user is obliged to update the information in his LastDraw account immediately.
- Users must keep their password secret and carefully secure access to their LastDraw account. Users are obliged to notify LastDraw immediately if there are indications that a LastDraw account has been misused by a third party.
- A LastDraw account is not transferable.
- LastDraw reserves the right to delete LastDraw accounts from incomplete registrations after a reasonable period of time. The same applies to LastDraw accounts that have not been used for a long time. LastDraw will inform the user in good time before such an account is deleted. If the account is then used again, it will not be deleted.
- As part of the LastDraw Services, LastDraw has access to a variety of information about users, including personally identifiable information. This includes, in particular, information that users transmit to LastDraw as part of the LastDraw services (e.g. contact information or item information), as well as information that is generated during the provision and processing of the LastDraw services (e.g. ratings, sales analyzes or Communication).
- In particular in the LastDraw user account and, if desired, via seller tools, users receive information that is necessary to process the transaction (in particular the contact information of the other user involved in a transaction), as well as aggregated information on the performance and analysis of their offers as part of the LastDraw services, which is partly related to the data of other users of the LastDraw services (e.g. number of impressions of an offer, sales rate or response rate).
- LastDraw only passes on information about users to third parties if this is necessary for the provision of the LastDraw services (e.g. when advertising the LastDraw services via third parties in accordance with Section 1 (2)) or LastDraw is legally or contractually entitled in order to do this.
- After termination of the user contract, the data provided by the respective user or generated through his use of the LastDraw services will be deleted from his LastDraw account. Regardless of this, LastDraw retains this information even after the end of the contract, provided that LastDraw is legally obliged to do so or has a legitimate interest in it. Data generated / aggregated through use (e.g. statistics on sales in a category) are generally also stored after the end of the contract.
§ 3 Use of the LastDraw services, prohibited articles and content
- It is the responsibility of the user to ensure that his offers and content (especially images and other information) are lawful and do not infringe the rights of third parties.
- It is forbidden to offer or advertise items on LastDraw, the offer, sale or acquisition of which violates statutory provisions, the LastDraw principles, the rights of third parties or common decency. LastDraw reserves the right to make the sale of certain items subject to conditions that go beyond the statutory provisions. The principles of prohibited articles apply. For the publication of other content, the principle of publishing contributions and content in the LastDraw community applies.
- It is forbidden to manipulate the prices of your own offers or offers from third parties or to buy your own items via multiple LastDraw accounts or in cooperation with other users.
- It is forbidden to manipulate the search functions of the LastDraw services, e.g. B. by incorrectly inserting brand names or other search terms in the item name or description.
- Sellers must observe the principles for listing items, listing their items in the appropriate category, selecting the item properties correctly and, if necessary, describing them correctly and completely with words and pictures. All properties and features essential for the purchase decision as well as defects that reduce the value of the goods offered must be truthfully stated. The principles for assessing the condition of articles apply here.
- To make it easier for sellers to offer items and to provide buyers with a more relevant buying experience, LastDraw maintains a LastDraw catalog with information (images, videos, product names, brands, logos, trade names, functions and descriptions, etc.) about certain products ("Product Data") ). If a seller uses the product data provided by LastDraw when creating a quote and then changes it in the LastDraw catalog, it can also be automatically updated accordingly in the user's quote.
- For technical reasons, it is possible that offers cannot be found immediately after publication via the category search or with the help of search terms. LastDraw reserves the right to extend the auction duration by up to 15 minutes if this is necessary for technical reasons.
- LastDraw allows users to sort the search results according to various criteria. If a user does not make a selection, the order of the search results depends, among other things, on the following main parameters:
- Amount of shipping costs
- In addition, search results are always displayed for offers for which the respective seller has agreed to pay an additional advertising fee. These search results are marked as "Advertisement".
- The item description and the images used may only relate to the item offered. Advertising for items that are not offered on LastDraw is not permitted. Sellers may not use any third party seals of approval, warranty marks, or other symbols when using the LastDraw Services, unless LastDraw approves such symbols.
- Commercial sellers who offer consumers goods or services are obliged to provide them with the legally required consumer protection information and to inform them of the existence or non-existence of the statutory right of withdrawal.
- The price of the respective item is the final price including VAT and other price components. The sales price does not include delivery and shipping costs.
- Sellers are not allowed to charge any LastDraw fees, PayPal fees, or commissions from buyers in addition to the sale price.
- Users may not use addresses, email addresses and other contact information obtained through the use of the LastDraw services for any purpose other than pre-contractual communication. In particular, it is forbidden to resell this data or to use it to send advertising, unless the respective user has expressly consented in accordance with the applicable legal provisions or has no objection to it.
- Users are responsible for archiving information that can be viewed using the LastDraw Services and stored by LastDraw that they may need for evidence retention, accounting, or other purposes on a storage medium independent of LastDraw.
- Users must not block, overwrite or modify any content generated by LastDraw or any other user, or otherwise interfere with the LastDraw services, especially if doing so could result in an excessive load on the LastDraw infrastructure.
- LastDraw Buyer Protection protects buyers according to the principle of the LastDraw escrow service if the purchased item does not arrive, if it deviates significantly from the item description or if there is a problem with the return. In the event of a successful buyer protection application, LastDraw will reimburse the buyer for the purchase price on behalf of the seller. The seller is obliged to reimburse LastDraw the corresponding amount. In this case, LastDraw is entitled to offset the amount reimbursed to the buyer with future available payout amounts of the seller or, in particular, if the available payout amounts of the seller are not sufficient, to collect the amount from his deposited payment methods.
§ 4 Payment processing at LastDraw
- Buyers can basically pay with any payment method that LastDraw provides when checking out. Depending on a risk assessment, individual payment methods may not be offered in individual cases. LastDraw receives the amount paid by the buyer on behalf of the seller and forwards it to him. Buyers have the option of initiating returns and canceling purchases as usual or opening a LastDraw buyer protection case.
- In connection with payment processing, LastDraw can temporarily withhold part of the payout amounts for the purpose of risk protection (e.g. in the event of an open buyer protection case).
§ 5 Sanctions, blocking and termination
- deleting bids, offers, ratings or other content
- warning the user
- delay in the publication of offers and other content
- temporarily hiding offers on the search results page
- restricting the use of the LastDraw services, in particular the shopping activities (including placing bids)
- Withdrawal of special
- Temporary blocking
- Final blocking
- he has repeatedly received negative reviews or poor seller ratings, and the blocking is necessary to ensure the interests of other users to protect
- He has given false contact
- He transfers his LastDraw Account or provides third party access to it
- He causes significant harm to other users or LastDraw
§ 6 Fees
- LastDrawthe seller for the sale of items and the use of additional options. When an item is sold, the seller must pay LastDraw a sales commission. The amount of the individual fees as well as the sales commission is based on the current fee schedule.
- The individual fees as well as the sales commission are due for payment immediately and can be paid using the payment methods accepted by LastDraw. Fees for ongoing services (e.g. a LastDraw store) will be billed in advance. If the direct debit fails, the user must reimburse LastDraw for the additional costs if they are responsible for the failure.
- As part of the payment processing at LastDraw, fees and other claims from this contractual relationship can be offset by LastDraw with available or future payout amounts of the seller.
- LastDraw calculates the monthly fees and sales commissions. LastDraw informs the seller about the provision of the respective invoice by email. The seller can find the full invoice in their LastDraw account.
- Sellers are in default 30 days after notification of the invoice amount without further reminders.
- Sellers are prohibited from circumventing LastDraw's fee structure.
- LastDraw reserves the right to charge a flat fee for deleting offers or other content or for blocking users, provided that the user is responsible for the violation, unless the user can prove that no damage was caused at all or in a much smaller amount. LastDraw may also charge a fee for reactivating a blocked LastDraw account.
LastDraw can change the fees and sales commissions at any time. Price changes will be communicated to users in good time before they come into force.
§ 7 Offerand conclusion of contracts
- formatsLastDraw offers users a variety of offer formats and functions in order to initiate or conclude contracts with the LastDraw services. Sellers have the option to offer their items internationally through the LastDraw services. It is possible to exclude international shipping for certain countries.
- When a seller uses the LastDraw Services to list an item in auction or fixed price format, they are submitting a binding offer to enter into a contract for that item. It defines a starting or fixed price and a period within which the offer can be accepted (offer duration). If the seller sets a reserve price in auction format, the offer is subject to the condition that the reserve price is met.
- The buyer can accept offers for one or more items by placing the items in the shopping cart and completing the payment process that immediately follows.
- At auctions, the buyer accepts the offer by submitting a bid. The acceptance takes place under the condition that the buyer is the highest bidder after expiry of the offer period. A bid expires if another buyer makes a higher bid during the offer period.
- If the offer is prematurely deleted by the seller, no contract is concluded between the seller and the highest bidder. Buyers can only withdraw bids if there is a legitimate reason to do so. After a legitimate bid withdrawal, no contract is concluded between the user, who is again the highest bidder after the end of the auction due to the bid withdrawal, and the seller.
- The buyer is fundamentally obliged to pay in advance. Unless the buyer and seller agree otherwise, the purchase price is due immediately and must be paid by the buyer using the payment methods offered by the seller. LastDraw reserves the right to limit a buyer's payment options for risk management purposes.
- The seller must be able to transfer the goods offered to the buyer immediately after the conclusion of the contract. Exceptions to this obligation are the principle of delivery times and advance sales.
- If an offer from LastDraw is deleted before the offer period has expired, no effective contract is concluded between buyer and seller.
§ 8 Ratings
- After completing a transaction, users can rate themselves in a publicly accessible manner. Reviews are not verified by LastDraw and may be inaccurate or misleading.
- Users are obliged to only provide truthful information in the reviews submitted. The reviews submitted by users must be factual and not contain any defamatory criticism.
- Any improper use of the rating system is prohibited. In particular, it is forbidden:
- to submit reviews about oneself or to have them submitted by third parties, to
- include circumstances in reviews that are not related to the processing of the relevant transaction.
- Using reviews for purposes other than trading on LastDraw.
§ 9 Use of the API interface
- In order to make the use of our online platform as pleasant as possible for our registered members, we offer an API interface through which they can call up their own inventory data and publicly available data and, in some cases, edit them . This includes, for example, information such as product information, available articles, orders and sales, shopping carts or search lists.
- The API may only be used to manage your own inventory. The presentation of articles and their respective prices on external platforms via the API requires our prior written consent. The use of the API and the transmission and use of the data for other purposes is not permitted. This access via the API is an additional offer from us, which is only intended to facilitate the use of our online platform.
- We reserve the right to discontinue the provision of the API in whole or in part or to exclude individual members from this possibility of use, for example if there is suspicion of improper use.
§ 10 User account and LastDraw credits
- LastDraw offers registered members a user account to buy, save and transfer LastDraw credits on the online platform. LastDraw credit can only be used to purchase on the online platform. The use of this user account is free of charge. The user account is only a clearing account for the LastDraw credit purchased or transferred to the member and is managed as a credit account.
- A registered member can top up his user account with LastDraw credit by purchasing LastDraw credit from LastDraw against payment of a corresponding amount of money. If the LastDraw credit is credited to the user account, you will receive a payment claim from LastDraw in the amount of your user account balance.
- In the case of purchase, the LastDraw credit purchased will be credited to the account at the latest at the end of the working day following the day on which the payment was received by LastDraw. This allows LastDraw to verify that the payment has been properly received and to record it before the appropriate LastDraw balance is issued and credited.
- LastDraw balance can be paid for by bank transfer or PayPal.
- If a certain amount of LastDraw credit has been purchased and a written withdrawal request is made, LastDraw reserves the right, at its sole discretion, to repay any such deposit minus any charges, to cancel all purchases and to close your account.
§ 11 Trustee Service
- Members can use the LastDrawsystem when purchasing. The use of the escrow system is mandatory if, in LastDraw's opinion, the purchase poses an increased risk of fraud (e.g. because the seller has not previously made a sale on the online platform). In this case, the buyer and seller will be informed separately about the mandatory use of the escrow account before the contract is concluded.
- When the escrow system is used, LastDraw manages the buyer's payment amount (LastDraw balance) on behalf of the seller. The payment amount will be credited to the seller's or buyer's user account in accordance with the following provisions:
- When the buyer confirms receipt of the order, the payment amount will be credited to the seller's user account.
- If the buyer does not confirm receipt of the order, the seller can prove that the buyer has received the order. In this case, the buyer has one week to comment. If the buyer does not respond, the entire payment amount will be credited to the seller's user account after the deadline.
- If the buyer complains to LastDraw that the order was not received within seven days for domestic orders or within 14 days for cross-border orders after dispatch, LastDraw will grant the seller 14 days. In this case, the seller is responsible for proving that he has properly fulfilled his obligations. If he does not do this, LastDraw will credit the purchase price to the buyer's user account after the deadline.
- If the buyer complains that the order has been received, but the seller has committed another breach of contractual obligations, the purchase price will be fully credited to the seller's user account. In particular, LastDraw is not liable for damage in transit. The buyer is free to assert his statutory warranty rights against the seller.
- The validity of the sales contract between the parties is not affected by the crediting of the purchase price to the user account of one of the contractual partners.
- There are additional fees for the buyer to use the escrow system. This does not apply if the use of the trust system by LastDraw is prescribed in accordance with Section 11 (1). The amount of the fee can be found in the fee schedule.
§ 12 Conditions for redeeming LastDraw gift vouchers and cards
- Redeeming LastDraw gift vouchers and gift cards (“vouchers”) can only be redeemed on LastDraw.com for products that are approved for purchase using vouchers. Purchases are deducted from the credit on the voucher. Any unused credit remains on the voucher. If the value of the purchase exceeds the credit on the voucher, the difference must be paid using another payment method. At LastDraw, the buyer can find out about the status and redemption of the purchased voucher at any time. To view the balance of your voucher, please visit "My Account" at LastDraw. There are no fees for redeeming the vouchers.
Vouchers, including unused partial amounts, expire three years after the voucher has been issued. Vouchers cannot be redeemed on any other company affiliated with us, on any other website affiliated with us or on a website operated by another third party, unless otherwise stated in these terms and conditions. Coupons cannot be used to purchase additional coupons. Vouchers cannot be reloaded, resold, transferred for value, used for commercial purposes or redeemed in cash. It is not possible to credit any remaining credit on a voucher to another LastDraw customer account.
Risk ofWhere applicable, the risk of loss and ownership of vouchers is transferred to the buyer or recipient, either electronically or upon delivery to the courier service. We assume no liability for loss, theft, destruction or unauthorized use of the voucher.
- Fraud We are entitled to close affected customer accounts and to request an alternative payment method if a fraudulently purchased voucher has been redeemed and / or used for purchases at LastDraw.
- Limitation of Liability We make no warranty, express or implied, with respect to the Vouchers, including, but not limited to, express or implied warranties of usability and fitness for a particular purpose. If a voucher does not work, your entitlement and our liability are limited to replacing that voucher. If such limitations on implied liability for defects or the exclusion or limitation of certain compensation payments are not permitted under any applicable law, the above exclusions or limitations may be partially or completely invalid to you or you may have other rights.
- General conditions The vouchers are issued by LastDraw. These conditions are subject to German law to the exclusion of the UN Sales Convention (CISG) and the conflict of laws. The non-exclusive jurisdiction of the courts of the Bayreuth district has been agreed. If you are a consumer with habitual residence in the EU, you also enjoy the protection of the mandatory provisions of the law of your country of residence. We reserve the right to request an additional verification of your identity, the voucher or the account holder or the provision of an additional means of payment before you can redeem your voucher in your account or use your LastDraw voucher balance as part of a purchase.
- Changes We reserve the right to change these General Terms and Conditions for LastDraw Gift Certificates and Cards (“Gift Certificate Terms”) at any time. The voucher terms and conditions applicable at the time of purchase apply to your voucher.
- Customer service If you have any complaints or inquiries, please contact our customer service.
§ 13 Conditions for vouchers (discount codes)
- Vouchers are only valid for a limited time. Vouchers can be changed or canceled at any time.
- Coupons can only be used on LastDraw.com to purchase qualifying items listed in the coupon offer.
- When the coupon is activated, you will need to purchase the qualifying items in your cart to receive the discount.
- Each activated voucher can only be used once and only one voucher can be used per qualifying item. Certain vouchers can be activated multiple times.
- If you return one or more items, the reduced purchase price of the returned items will be refunded.
- Shipping costs and other fees apply if they would otherwise be incurred.
- Offers are only valid while stocks last. There is no entitlement to replacement items, replacement vouchers or discounts.
- A cash payment or a retroactive crediting of orders that have already been placed is not possible. Vouchers cannot be transferred to another customer account. The resale of vouchers is not permitted.
- Vouchers cannot be combined with other promotional vouchers.
- When LastDraw issues a voucher, the corresponding discount will be deducted from the sales commission.
- When the seller issues a voucher, it always refers to his product range. The seller receives a lower payment for the purchase according to the discount.
§ 14 Limitation of Liability
- Liability According to the statutory provisions, LastDraw is liable for intent and gross negligence on the part of LastDraw, its legal representatives, executives or other vicarious agents. The same applies to the assumption of guarantees or other no-fault liability as well as to claims under the Product Liability Act or in the event of culpable injury to life, limb or health. LastDraw is fundamentally liable for negligent breaches of essential contractual obligations caused by LastDraw, its representatives, executives and simple vicarious agents, ie obligations on which the user regularly relies and on the fulfillment of which he can rely for the proper performance of the contract. In any case, the amount is limited to the typically occurring, foreseeable damage.
- Any further liability on the part of LastDraw is excluded.
- As far as the liability of LastDraw is excluded or limited, this also applies in favor of the personal liability of its legal representatives, executives and simple vicarious agents.
§ 15 Exemption
- The user exempts LastDraw from all claims that other users or other third parties assert against LastDraw because they violate their rights through offers and other content that the user has published via the LastDraw services, or because he has the LastDraw - uses services elsewhere.
- The user assumes the costs for the necessary legal defense of LastDraw including all court and lawyer costs in the legal amount. This does not apply if the user is not responsible for the infringement. In the event of a third party claim, the user is obliged to immediately, truthfully and completely provide LastDraw with all information that is necessary to examine the claims and defend them.
§ 16 Final provisions
- To fulfill the contract and to exercise LastDraw's rights from this contract, LastDraw can use other companies.
- LastDraw is entitled to transfer its rights and obligations from this contractual relationship in whole or in part to a third party with a notice period of four weeks. In this case, too, the user has the right to terminate the contract in accordance with Section 5 (3) of these LastDraw terms and conditions free of charge and without prior notice.
- LastDraw can propose changes to these General Terms and Conditions of LastDraw to the user at any time. Changes to these LastDraw terms and conditions will be offered to the user in text form (e.g. by email) no later than 30 days before the proposed date of their entry into force. The user's consent is deemed to have been given if LastDraw does not receive the rejection in text form before the proposed date for the changes to come into effect. If the user does not agree to the changes, he has the right to terminate the contract free of charge and without prior notice up to the proposed date of entry into force of the changes (see §5 section (3) of these LastDraw Terms and Conditions). In the message with which the changes are offered, LastDraw also expressly indicates the right to refuse, the deadline for this and the possibility of termination. The amended LastDraw GTC will also be published on the LastDraw website.
- Should individual provisions of these General Terms and Conditions of LastDraw be or become invalid or ineffective in whole or in part, this shall not affect the validity of the remaining provisions. Statutory law takes the place of the provisions of these LastDraw Terms and Conditions, which do not contain or are ineffective. If such a legal right is not available in the respective case (loophole) or would lead to an unsustainable result, the parties will enter into negotiations to replace the unincorporated or ineffective provision with an effective provision that is as close as possible economically to it comes.
- All declarations that are transmitted within the framework of the user contract concluded with LastDraw must be made in writing or in text form (e.g. by e-mail).
- The user contract with these LastDraw terms and conditions is subject to German law. The application of the UN sales law is excluded. For consumers residing in the EU, the mandatory provisions of consumer protection law of the member state in which the consumer is domiciled also apply, provided that these are more advantageous for the consumer than the provisions of German law.
- LastDraw is neither willing nor obliged to participate in dispute settlement procedures with consumers before a consumer arbitration board. LastDraw is ready to settle disputes with commercial users out of court. However, before embarking on such a mediation process, commercial users should attempt to resolve their concerns about LastDraw customer service.
- For users who are merchants within the meaning of the Commercial Code, a special fund under public law or a legal entity under public law, Bayreuth is the exclusive place of jurisdiction for all disputes arising from the user contract and these LastDraw terms and conditions.
- For users who are consumers, there is a place of jurisdiction at the respective place of residence of the user and at the headquarters of LastDraw. For all disputes arising from the user contract and these LastDraw terms and conditions, Bayreuth is the additional place of jurisdiction for consumers residing in Germany, Austria and Switzerland. LastDraw may only take legal action against consumers in court at their place of residence.
*This translation of the GTCs is provided for the Customer’s convenience only. The German language version, not the translation, of these GTCs shall be legally binding on the Parties. The German language version of these GTCs and not its translation(s) will govern in the event of a conflict between the German language version and a translation.