1.1 Ralunar.com (hereinafter “Ralunar”) is the operator of Ralunar online marketplace for watches, accessories, leather goods, and others (hereinafter “platform”). The following “general platform terms and conditions” apply to the free use of the platform.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
3.1 Ralunar offers registered users the technical possibility of contacting watch sellers via the platform (section 5).
3.2 Ralunar itself does not offer items for sale on the platform unless specified otherwise by “Sold by Ralunar”. Sellers’ ads/paid banners 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. The fulfillment of contracts initiated on the platform shall also take place exclusively between the seller and the user.
4.1 Registration is only allowed for persons of unlimited legal capacity.
4.2 A current e-mail address and a password are required to register. The e-mail address and the password also serve as login details. Only one user account can be created with the same e-mail address. The e-mail address is also used for communication with Ralunar and is essential for all contractually relevant correspondence between Ralunar 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 Ralunar immediately if 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 Ralunar to transfer the profile to a third party. Neither is the user entitled without the express consent of Ralunar 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.
5.1 Ralunar provides free functions to registered users, which facilitate use of the platform, particularly the search for products and offers, and management of user accounts. Registered users can also enjoy improved communication with providers.
5.2 Ralunar 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.
6.1 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:
6.2 Users may search for commercial offers/products on the platform solely by means of the search forms provided by Ralunar. Avoiding the search forms, particularly by using automated search software to access Ralunar’s databases, is not permitted when searching for offers/products.
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
6.4 The user may not use the platform to send any messages with advertising content without the approval of the recipient (particularly spam).
6.5 The user shall notify Ralunar without delay if any disruption occurs while using the platform or its functions.
7.1 The visitor agreement is for an indefinite period and can be terminated with immediate effect at any time.
7.2 The right of the parties to end the contractual relationship by means of extraordinary termination for good cause remains unaffected. A good cause for Ralunar to terminate this agreement without notice is if the user persistently infringes his/her duties as stipulated in clauses 4.3 or 4.4 of this agreement.
7.3 In the event of a good cause that allows termination without notice, Ralunar may at its discretion deny access to the user account instead of termination. Ralunar may also block access if the user has not used his/her login details for a period of at least one year.
7.4 Termination will result in the user not having access to his/her user account.
7.5 Termination by Ralunar shall be deemed valid, amongst other things, if the user is duly notified at 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.
8.1 Ralunar strives to provide and operate a non-disruptive and durable platform. This is naturally restricted to services over which Ralunar has an influence. The user however acknowledges that full, uninterrupted platform availability is not technically feasible. Ralunar is particularly at liberty to restrict access to the platform in full or in part, on a temporary or long-term basis, due to maintenance work, capacity considerations and due to other events outside the power of Ralunar.
8.2 Ralunar does not in principal pre-check the contents and commercial offers posted on the platform. Ralunar cannot therefore give an assurance that the information and commercial offers posted on the platform are correct, accurate, reliable, up-to-date, applicable and/or complete. There is no claim either that the contents and commercial offers as posted are free from defects.
8.3 Ralunar is not liable in the case of an ordinary negligent infringement of obligations, which are 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 authorized agents, particularly partners. Ralunar is not liable for the actions of users or other third parties. Neither do such third parties act as vicarious agents for Ralunar. Liability for indirect and consequential damages is – to the extent permitted by law – excluded.
8.6 The liability of Ralunar for malicious intent, gross negligence, personal injury and pursuant to statutory regulations remains unaffected by the above liability restrictions.
10.1 The user shall hold Ralunar and its staff and/or appointees harmless from all third-party claims in the event that 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 or services of Ralunar by the user.
10.2 The user shall undertake to reimburse Ralunar all potential costs arising from a third-party claim. Reimbursable costs shall also include the costs of appropriate litigation and legal defense, which Ralunar would incur to defend itself from third-party claims. In this case Ralunar shall notify the affected user without delay of the legal defense measures to be taken.
11.1 If one or more provisions of the contractual provisions are or become inapplicable, this shall not otherwise affect the applicability of the other provisions.
11.2 The law of the United States of America applies.
11.3 Ralunar shall notify the user in written form of any amendments to these provisions without the individual amended provisions or the new version of the provisions in its entirety having to be sent or otherwise communicated; 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 14 days of being informed of such, the amendment shall be deemed to have been accepted; Ralunar shall make reference to this fact in its notifications of amendment.
11.4 Ralunar is entitled to transfer this visitor agreement, including all additional agreements with all right and obligations, to a company of its choice. In the event that this agreement is transferred to another company, the user shall have a special right of termination, which must be asserted in writing within 14 days of notification by Ralunar. In this notification Ralunar shall refer separately to the significance of the user’s action.
11.5 The place of jurisdiction for all disputes arising from and in connection with this contract, irrespective of the legal grounds, is – if and to the extent that the user is a merchant.
12.1 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
12.2 If in our sole judgement you fail, or we suspect that you have failed to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date if termination and/or accordingly may deny you access to our Services *or any part thereof).
13.1 The failure of Ralunar to exercise or enforce any right or provision of these Terms of Services shall not constitute a waiver of such right or provision.
13.2 These Terms of Service and any policies or operating rules posted by Ralunar on this site or in respect to The Service constitutes the entire agreement and understanding between you and Ralunar and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Services).
12.1 These Terms of Services and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States of America.
15.1 You can review the most current version of the Terms of Service at any time at this page.
15.2 Ralunar reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
16.1 Questions about the Terms of Service should be sent to us at firstname.lastname@example.org