Terms of Service

for the use of the services of AniMall24.com

General

1. These general terms and conditions (“GTC”) apply to the use of the services of the website AniMall24.com, operated by Cloud Guardians S.L., with main offices on Carrer de Sant Fructuòs, 5, Escalera A, 2º, 4ª,  08004 Barcelona, Spain (hereinafter referred to as “AniMall24”).
2. The performance and services of AniMall24 are determined by the description of services, which is applicable in its current version, as well as by the respective descriptions on the AniMall24 website.
3. The user accepts these terms and conditions when registering, placing advertisements and posting content on AniMall24. The user is obliged to provide all information truthfully when registering.
4. There is no entitlement to the establishment or use of a user account on the AniMall24 portals. There is also no entitlement to the posting and publication of an advertisement.
   AniMall24 reserves the right to temporarily deactivate a user account or an ad of a user in order to check them as part of quality assurance. AniMall24 has the right, at its reasonable discretion, to delete advertisements and / or to close user accounts. AniMall24 may, within the framework of its reasonable discretion, in particular, but not only, take into account if the user’s activities or the content of the advertisement are inconsistent with AniMall24’s journalistic tendencies or if AniMall24 is concerned that the user’s activities or the content of the advertisement could endanger the trust of third parties in the offers and the brand of AniMall24.
5. The articles, products and services offered by AniMall24 are no substitute for professional advice.

Use of the community

AniMall24 enables its users to create their own profiles, post photos, videos, texts, advertisements and other content (hereinafter collectively referred to as “content”) within the framework of the community functions it operates.

The following provisions apply to this:

• Only such content may be posted that is not illegal and that in particular does not contain any intellectual or industrial property rights of third parties, such as brands, patents, designs and utility models, copyrights and ancillary copyrights or other rights of third parties such as personal rights, naming rights or the like Right to your own picture, hurt.
• If content may only be used against remuneration of the rights holder, the user is only entitled to post the corresponding content after the remuneration has been paid in full to the rights holder.
• No content that is harmful to minors, in particular pornographic or immoral, may be posted.
• No content may be posted that contains viruses, Trojans or similar data that is intended or suitable to interrupt, restrict or otherwise disrupt the function of computer hardware or software or of telecommunication devices.
• The content is used for self-presentation and communication with one another and should not be misused for pure advertising purposes. AniMall24 reserves the right to delete purely advertising content.
• AniMall24 reserves the right to check external links and to remove them at its own discretion. AniMall24 can also remove links using software control. In the event of the removal of inadmissible links / URLs, AniMall24 is not obliged to inform the author of the removal. This does not give rise to any legal claims for the user.

Posting and publishing of advertisements

1. Advertisements can be placed as shown in the service description. The duration of chargeable bookings is also determined by the service description.
2. AniMall24 will endeavor to publish advertisements that are placed free of charge on the Internet and should only be available on the Internet. However, any claim to this is excluded.
3. It is not permitted to post classified ads with multiple user accounts.

Content of advertisements

1. 1. It is forbidden to use the AniMall24 services to offer articles, the offer, sale or purchase of which violate statutory provisions or morality or which endanger the reputation of AniMall24, companies affiliated with AniMall24 or cooperation partners.
      In particular, the following articles may not be described or offered:
   2. Articles that are advertised, offered or sold violate copyrights and ancillary copyrights, industrial property rights (e.g. trademarks, patents, utility models and designs) as well as other rights (e.g. the right to one’s own image, name and personal rights).
   3. Propaganda articles and articles marked by unconstitutional organizations.
   4. Articles that are pornographic and harmful to minors.
   5. FSK 18 films or USK 18 games.
   6. Radioactive substances, poisonous or explosive substances and other chemicals that are hazardous to health.
   7. Firearms of all kinds, accessories for firearms or ammunition.
   8. Ivory products.
   9. Human organs.
   10. Drugs, pharmaceuticals, medical products, insofar as their sale is prohibited by law.
   11. Loan offers, loan applications, other financial services
   12. Ads with the same content that are repeatedly entered in one or more categories (spam).
   13. In order to ensure the protection of animals and species, the following advertisements or offers are not permitted:

• General / All animals

1. 1. • • Animals with docked tails (exception for hunting use and animal welfare dogs)
        • Animals with cropped ears (with the exception of animal welfare dogs)
        • Animals with severed vocal cords (except for animal welfare dogs)
        • Animals with removed claws or teeth (with the exception of animal welfare dogs)
        • Any shipping of live animals
        • Albinos
        • Surrender of animals to persons under 16 years of age without the express consent of their parents or their legal representatives
        • Animal shelter / animal welfare organizations without a valid certificate and animal welfare seal as well as the full title and address of the organization in the profile
        • The trade in animals for live food
        • Delivery of pregnant animals
        • Delivery of animals for fattening or slaughter
        • Advertisements in which animals are offered as gifts, in particular Christmas gifts
        • WhatsApp numbers in the ad text with the note “Contact only via WhatsApp”

• Dogs

1. 1. • • Teacup Puppies
        • Commercial breeding, keeping or trading with animals carried out without the approval of the competent authority in accordance with Section 11 of the Animal Welfare Act. Commercial breeding is 3 or more litters per year for dogs and more than 5 litters per year for cats
        • Offering a stud dog that is younger than 12 months
        • Offer a stud dog with docked ears or a docked tail
        • Use for breeding / pregnancy of a bitch before the age of 15 months
        • The minimum weight of small dogs used for breeding must be 2 kilos
        • Delivery of dogs that are younger than eight weeks
        • Dog boarding without official permission
        • It is not permitted to publish pictures showing docked dogs in a sales advertisement in which puppies are offered. AniMall24 will delete such images without consultation

• Cats

1. 1. • • Sphynx cats, Devon Rex cats and Scottish Fold cats, except for animal welfare and ads not intended for cross-border transactions
        • Sale of cats that are younger than ten weeks

• Birds

1. 1. • • Delivery of birds (except parrots) that are younger than 8 weeks
        • Delivery of parrots that are younger than 12 weeks
        • Delivery of birds that are not yet ready for food

• Small animals

1. 1. • • Floppy ears rabbit
        • Angora rabbits

• Wildlife and Exotics

1. • • All protected animal species and their preparations according to EU (EC) Species Protection Ordinance (No. 338/97) Annex A and B in the latest version, even if a marketing permit is available.
     • Amphibians, reptiles and invertebrates as well as all exotic mammals
     •  
     • It is not allowed to link to websites or to specify URLs that link to pages:
     1. if the content of which violates legal regulations or good morals.
     2. if the operator of the external website does not agree to the linking.
     3. with editorial guidelines that offer auctions or classified ads or are in direct competition with AniMall24 or companies affiliated with AniMall24.
   • All information contained in the classifieds and the user account must be correct, this applies in particular to the offer price. In the case of animal sales notices from breeders, the place where the animals were offered must be the place of birth of the animals. We reserve the right to delete advertisements without consultation if these rules are violated.

     AniMall24 reserves the right to check external links and to remove them at its own discretion. AniMall24 can also remove links using software control. In the event of the removal of inadmissible links / URLs, AniMall24 is not obliged to inform the advertiser about the removal. This does not give rise to any legal claims for the user.

     Special editorial guidelines apply to top offers that are also published on the AniMall24 homepage. AniMall24 can decide about the publication of top offers at its own discretion and change the editorial guidelines at any time. No fees will be charged for rejected top offers.
     In particular, advertisements with the following content can be rejected as a top offer:

•  
• Advertisements in which mobile phone contracts are offered.
• Ads for chat services, flirting services and similar services.
• Ads with job offers, temporary work offers, home work offers, side job offers and offers for multi level marketing (MLM).
• Ads with the same content that are repeatedly entered in one or more categories (spam).
• Advertisements from intermediaries or so-called affiliate partners.
• Ads for online shops or portals that do not contain specific classified ads.
• Advertisements for offers that are only accessible through value-added services (value-added phone numbers, dialers or similar systems).
• Ads with erotic content.
• Ads for securities, stocks and loans, financing offers, debt assumption offers and comparable brokerage offers.
• Ads for lotteries and games of chance.
• Ads for notebooks and cell phones.
  

  Commercial advertisements; Imprint obligations

  Commercial advertisements are to be designated as such when the advertisement is placed.

  Commercial providers, i.e. providers who do not place an advertisement for the purpose of purely private occasional business, but to pursue sustainable commercial activity, are obliged to include an imprint in these advertisements that corresponds to the legal requirements. This includes the full name, postal address and email address of the provider. If the providers are legal entities, the legal form of the provider, its authorized representatives and, if available, the register and registration number, the sales tax identification number or business identification number must also be specified. Further details, e.g. details of the responsible supervisory authority, may be required. The advertiser is responsible for all the content of the ads.
  
  Transfer of rights to AniMall24; Powers of AniMall24
  

1. The user grants AniMall24 a simple, temporally and spatially unlimited right to use this content / advertisements free of charge with regard to all content posted by him as part of AniMall24’s services and with regard to the advertisements placed by him.
2. AniMall24 is entitled, but – unless otherwise expressly agreed – not obliged to make all content / advertisements available for retrieval in whole or in part in other media, in particular on other websites, in other telemedia services, on the radio and in other print objects, to disseminate, reproduce and send, regardless of whether these media are operated, organized or published by AniMall24 or a third party. In particular, the user allows AniMall24 to publish content / advertisements intended for publication on the Internet and / or a print object on other websites and in other print objects from AniMall24 and / or from cooperation partners of AniMall24. The user grants AniMall24 the right to issue sub-licenses to the content / advertisements.
3. AniMall24 is entitled to edit advertisements, photos in advertisements and the content, in particular to shorten them, and to change the location or the category of publication / provision in an appropriate manner. The user grants AniMall24 a corresponding editing right.
4. AniMall24 is entitled, at its own discretion, not to publish free advertisements for the user and to delete content and free advertisements at any time without giving reasons. AniMall24 is entitled not to publish advertisements that are subject to a fee for the user or to delete them if, in the opinion of AniMall24, these advertisements may violate these terms and conditions and / or statutory provisions and / or third parties have reported a violation.
5. Third parties may only integrate or embed advertisements and content posted on AniMall24 services, in particular images and videos, in their own services with the express permission of AniMall24. This prohibition applies in particular to commercial services and / or services that compete with the services of AniMall24 and companies affiliated with AniMall24.

Compensation

In general, posting ads is free. However, a listing fee may be charged for individual categories.

The remuneration for posting an advertisement is based on the price list , which is applicable in the version applicable when the advertisement order is placed.

In the event of early deletion of an advertisement by AniMall24 (e.g. when an advertisement section is closed), a placement fee levied in individual sections will only be reimbursed if less than 28 days have passed from the date of the advertisement to the deletion of the advertisement.

Guarantee from AniMall24

1. AniMall24 does not become a party to any purchase or other contracts concluded as a result of an advertisement. AniMall24 therefore assumes no guarantee for the items offered there.
2. Beyond that, AniMall24 assumes no liability for:
   
   

    – the correctness, timeliness or legal admissibility of advertisements and content

    – the identity, seriousness, willingness to perform or the capabilities or behavior of the respective parties to a contract concluded between users

    – the constant and uninterrupted availability of their services, especially not with regard to their websites and technical systems.

3. Measures taken by AniMall24 against individual users due to misuse of the services are carried out exclusively in AniMall24’s own legal and business interests. This does not give rise to any legal claims for the individual user.

Liability; Release from liability

1. AniMall24 is only liable for damage that is based on willful or grossly negligent breaches of contract and for damage that results from slightly negligent breaches of essential contractual obligations. In the latter case, AniMall24’s liability is limited to the typically foreseeable damage when the contract was concluded. AniMall24’s liability for damage to life, body and health as well as under the Product Liability Act remains unaffected.
2. AniMall24 is not liable for damage caused to users or third parties as a result of the behavior of other users of AniMall24’s services.
3. The user is liable for the legality of the advertisements and content posted by him. The user releases AniMall24 from all claims by third parties that are asserted against AniMall24 in connection with advertisements or content posted by the user. This exemption also includes the costs of any legal prosecution by AniMall24.

Privacy

Data that has become known and required in the course of the business relationship will not be stored for purposes other than contractual purposes. Please note our separate data protection declaration.

Minimum age

You must be at least 16 years old to use our services.

Contract amendment

1. AniMall24 is entitled to change these terms and conditions at any time.
2. The user can object to changes to the contract within a period of 2 weeks by sending an email about the change. If the user objects to the change in due time, the contractual relationship will continue unchanged. However, AniMall24 is entitled to terminate the contractual relationship with immediate effect in this case. Existing advertisement orders of the user remain unaffected.
3. If the user does not object in due time, the changes will take effect (retrospectively) from the time the notification of the change is received
4. The use of the service by posting an advertisement or posting content after receipt of the notification of the change is deemed to be approval of the change. In this case, the right of withdrawal expires.

Termination, suspension

1. The user and AniMall24 can terminate the user’s registration with AniMall24 at any time by sending a notification in writing or text form. If the registration is terminated, AniMall24 will delete any profile created by the user, provided that the user requests AniMall24 to do so in writing or in text form. The user is not entitled to the deletion of advertisements or posts previously placed by the user in forums.
2. AniMall24 is entitled to block a user if, in the opinion of AniMall24, he has violated provisions of these GTC and / or statutory provisions.

Premium membership

• Membership

1. 1. 1. Your AniMall24 Premium membership includes the services and offers stated at the time of the subscription

• Fees, term

1. 1. 1. The membership fee for the AniMall24 model you have chosen results from the respective offer, and you can find the amount and the next due date in your AniMall24 customer account. This fee is non-refundable. AniMall24 collects the membership fee when it is due using the payment method you specified. If this payment method becomes invalid during the membership period or if the collection is otherwise refused, AniMall24 is entitled to automatically switch the payment method to another payment method stored in your AniMall24 customer account.

• Termination

1. 1. 1. You can cancel your AniMall24 Premium membership at any time on the next due date and you can continue to use the Premium Membership until the end of your monthly or annual billing period. Payments are non-refundable to the extent permitted by applicable law. No refunds or credits will be given for months not fully used.

• Invoicing

1. 1. 1. The membership fee for the AniMall24 Premium membership and any additional fees that may arise in connection with the use of the Premium membership, such as taxes and transaction fees, will be debited from your payment method monthly or annually at the start of your paid membership. In some cases your payment date may change. This is the case, for example, if the amount could not be debited from your payment method or if your paid membership started on a day that does not exist in the respective month.
      2. The prices for the premium memberships may change from time to time. However, you will be informed of any changes to our subscription offer at least 30 days before they come into effect.

• Passwords and account access

1. 1. The member who created the AniMall24 account and whose payment method is charged with the membership fees (the “Account Owner”) has access to and control over the AniMall24 account and the AniMall24-compatible devices that are used to access the AniMall24- Service can be used. To maintain control of the account and prevent unauthorized access, the account holder must always have control over the devices used to access the service that are compatible with your wildlife and must not share the password or account details for the selected payment method with third parties. It is your responsibility to update the information provided in connection with your account and to ensure that it is always up to date. In order to protect you, your AniMall24 and our partners from identity theft or other fraudulent activities, your AniMall24 is authorized to terminate your membership or to temporarily close your account.

Place of performance, applicable law, consumer arbitration

1. The place of performance for all rights and obligations arising from the contractual relationship is Barcelona.
2. The laws of Spain and Catalonia apply to the exclusion of the UN sales law.
3. AniMall24 is neither obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.