1. General

1.1. The moll market is operated by moll Funktionsmöbel GmbH, Gruibingen (‘moll’). moll is thus making available a virtual trading platform on which private participants can offer or search for moll furniture free of charge. The applicable purchase contracts are concluded outside of this trading platform.

1.2. In addition to private participants, authorised moll dealers are also authorised to offer only moll merchandise for sale as part of a special sale or clearance sale. Unlike other participants, dealers must make their dealership status clear. In the absence of agreements to the contrary, the conditions applicable to private participants shall also apply to participating moll dealers.

1.3. Participants must be persons of legal age and unlimited legal capacity. Minors, in particular, shall not be permitted to register as participants in the moll market. Participants’ use of the moll market shall be limited to private purposes; participation for commercial ends shall be reserved exclusively to participating moll dealers.

1.4. When submitting offers and requests (‘advertisements’), participants must enter the data queried completely and correctly. The participant shall communicate to moll without delay any changes in the particulars provided.

1.5. The participant shall be permitted to make use of the moll market only with the intention of concluding contracts for the purchase or sale, or of exchanging, moll furniture.

2. The moll market

2.1. Contracts for the purchase or the exchange of moll furniture shall be formed only among participants or among participants and third parties; moll shall not become a party to such a contract. moll is neither in a position nor under obligation to provide for the fulfilment of these contracts. Moreover, moll shall not be under an obligation to check the reliability or creditworthiness of participants.

2.2. At any time, moll may elect to modify, expand or limit the future presentation and organisation of the moll market. Specifically, moll shall undertake such measures on account of technical or legal circumstances, or if it is in the interest of securing the functionality of the moll market. moll shall provide information on the website with regard to any important modifications.

2.3. moll will identify advertisements as third-party content on the moll market and will not appropriate any information pertaining to participants.

2.4. In view of the need for routine updating and maintenance work and the possibility of unforeseeable interruptions – of the Internet connection in particular – moll shall be under no obligation to ensure constant availability of the moll market.

3. Advertisements

3.1. Participants’ advertisements will be shown for a month after their posting and then deleted. Before the deletion deadline arrives, moll shall notify the participant of the approaching deadline via e-mail to the e-mail address provided when the advertisement was submitted.

3.2. The participant alone shall be authorised, and under obligation, to formulate and design the participant's advertisements. The participant alone shall be responsible for the content of its advertisement and for ensuring adherence to applicable provisions of law. Advertisements shall not be permitted that violate legal or official regulations, or that violate accepted principles of morality, particularly advertisements with offensive content. The participant shall be under an obligation to provide complete and truthful details with regard to the moll furniture advertised.

3.3. The participant must be authorised to freely dispose of the moll furniture offered in the moll market. moll furniture may not be encumbered by third-party rights.

3.4. Advertisements may be accompanied by images; these images must stem exclusively from the moll furniture advertised and must reflect the actual condition of the moll furniture. The participant must be authorised to use these images and to make them available to the public through addition of these images to the participant's advertisements.

3.5. Any files submitted by the participant to the moll market (e.g. images) must first have been scanned using an up-to-date virus scanner to ensure that the files are free of any viruses or other malicious applications. In the event of a well-founded suspicion of malicious applications, moll shall have the authorisation to delete any such files without notice at any time; this shall give rise to no rights of redress on the part of the participant.

3.6. The participant may not apply, or use in any other way, any equipment, software or other data that may lead to changes in the physical or logical structure of the moll market and its software. The participant shall refrain from any attempt to gain unauthorised access to the data of any third parties.

3.7. moll may reject, block or delete any advertisements found to be in violation of the rules as set forth above. In the event, moll will do so in consideration of the legitimate interests of the participant concerned.

4. Liability

4.1. Because use of the moll market is offered free of charge, the liability of moll shall be confined to cases of non-accidental conduct and gross negligence.

5. Data protection

5.1. Operation of the moll market requires the collection, processing and use of participants' personal data. These data include, as particulars obligatory for registration and advertising purposes, the participant's name, address, telephone number and e-mail address.

5.2. The collection, processing and use of the participant's name and e-mail address also serves the additional purpose of enabling the provision to participants of information relating to the offerings of moll.

6. Termination

6.1. A participant may terminate its participation at any time.

6.2. By way of exception, at all times moll shall be authorised to terminate a participant’s rights to participate in the moll market for significant cause, e.g. if the participant made false statements upon concluding a contract, has used the moll market in violation of contract, or if a petition has been filed to open insolvency proceedings against a participant's assets.

7. Modifications to the Terms of Use

7.1. moll reserves the right to make changes to these Terms of Use at any time. Changed Terms of Use shall be announced to participants prior to their submission of advertisements. If a participant elects not to consent to the new Terms of Use, advertisements cannot be posted in its name.