These general terms and conditions of Kosova Digital Marketplace, Lakrishtë, Rr. Bekim Fehmiu, Ndërtesa e “Arting”, Kati 10, Nr.23, Prishtinë 10000, Republika e Kosovës (hereinafter "KDM") regulate the use of the online platforms Veturascout administred by KDM (hereinafter collectively "marketplaces") and the products and services offered via the marketplaces. The general terms and conditions also apply to all contractual agreements with KDM. Persons who have concluded a contractual agreement with Kosova Digital Marketplace are hereinafter referred to as customers.
KDM has the right to deactivate a customer's account at any time without giving reasons or to terminate a concluded agreement without giving reasons and without compensation within 14 days of conclusion. In the event of a customer using the marketplaces and/or the products or services offered via the marketplaces in a manner that is contrary to the contract, illegal or immoral, or in the event that the customer has given cause for complaints due to poor quality of the data transmitted to Kosova Digital Marketplace, Kosova Digital Marketplace can immediately withdraw from the agreement without compensation and stop providing the service without prior notice to the customer and without compensation or deactivate the customer's user account. In both cases, any price already paid in advance will be forfeited and the customer will not be entitled to a refund. All claims of Kosova Digital Marketplace remain reserved.
The marketplaces can be used with or without registration. However, the use of certain services and products requires registration. All persons can register with Kosova Digital Marketplace. Kosova Digital Marketplace reserves the right to restrict registration to certain countries. For Kosova Digital Marketplace, the customer is the person who uses the user identification and password, regardless of whether this person actually has access authorization. The responsibility for the proper use of user identification and password lies with the person who registered.
Unless expressly agreed otherwise, the current price list applies to the calculation of prices. Kosova Digital Marketplace reserves the right to adjust prices at any time to reflect market and/or price developments. Unless expressly agreed otherwise, prices are net in EUR.
If the customer does not pay within the payment period, the customer automatically falls into default. In addition, Kosova Digital Marketplace can refuse to provide the service and terminate the agreement without notice and without compensation and without reminder. In the event of payments not being made on time during the term of the contract, Kosova Digital Marketplace also has the right to block the customer's access to their account. The blocking will be lifted once all outstanding invoices have been paid in full. After the payment deadline has expired, the statutory default interest is applicable. The customer bears the damage caused to Kosova Digital Marketplace due to the delay in payment and/or the termination of the agreement.
The commercial use of information and content is reserved for customers. Apart from that, customers do not acquire any rights to content or information that is made available on the marketplaces. Violations will be prosecuted under civil and criminal law. Customers are obliged not to use the information and content made available on the marketplaces in any way or form outside of the marketplaces. Customers refrain from copying, publishing or otherwise reproducing the data made available on the marketplaces in any form (e.g. on the Internet) or linking it to other data.
All rights to information, elements and content of the marketplaces, in particular copyrights, trademarks and designations contained therein, are the property of Kosova Digital Marketplace or third parties who have granted Kosova Digital Marketplace corresponding rights of use. Insofar as the contractual use of the marketplaces requires the granting of rights of use to the customer regarding copyrights, trademarks and/or know-how of Kosova Digital Marketplace, these are granted to the customer by Kosova Digital Marketplace on a non-exclusive, non-transferable basis and to the extent required for the duration of the corresponding agreement. The rights of use granted to the customer are personal and non-transferable.
Content, data, texts, videos, pieces of music, graphics, and other content that the customer sends to Kosova Digital Marketplace for publication on a marketplace (hereinafter collectively referred to as "insertion data") must not infringe any rights, in particular no rights of third parties such as personal rights and intellectual property rights. The customer may only send data to Kosova Digital Marketplace that he has created himself or whose use the rights holder has approved. No addresses (email address or postal address), telephone numbers or license plates may be visible on photos used in the advertisements. Photos with people whose faces are clearly visible in the photos may only be used with the consent of the person in question. All property documents, photos and templates created by Kosova Digital Marketplace on behalf of the customer become the property of the customer as soon as the customer has paid the corresponding invoice in full to Kosova Digital Marketplace.
The operation and management of the marketplaces is carried out by KDM. KDM is entitled to involve third parties in fulfilling its service obligations. Kosova Digital Marketplace strives to offer the operation of the Kosova Digital Marketplace marketplaces as smoothly as possible and to keep interruptions for the rectification of faults, maintenance work, introduction of new technologies. Technical development is solely at the discretion of KDM.
By transmitting data to Kosova Digital Marketplace or a partner of Kosova Digital Marketplace the customer authorizes KDM to integrate the corresponding advertisement on the marketplaces and on other online and offline channels of Kosova Digital Marketplace (e.g. during trade fairs) as well as on online and offline channels of partners of Kosova Digital Marketplace.
Kosova Digital Marketplace can also use the data for other purposes of its own and those of partners, such as for the creation of statistics, or otherwise publish it and store and edit it for this purpose. The customer expressly consents to the direct or indirect transfer of the insertion data required for the use of the services of partners, as well as the storage of such data in the database(s) of partners and the use of this insertion data by the partners. Kosova Digital Marketplace cannot guarantee the confidentiality, integrity and authenticity of the customer's published insertion data by the partners.
For the processing of data (especially personal data), reference is made to the data protection provisions and in accordance with the legislation in force in the Republic of Kosovo.
The customer undertakes to use the marketplaces and the services of partners integrated therein) in accordance with the law and the contract. The customer guarantees in particular that:
he delivers all data to Kosova Digital Marketplace or partners in the form and quality specified by Kosova Digital Marketplace, in accordance with the insertion rules of the relevant marketplaces.
the data transmitted to Kosova Digital Marketplace or partners are complete and true, are not misleading or unfair and are constantly kept up to date;
the products or services offered by it are described correctly and truthfully, have the described properties and do not violate applicable laws or the rights of third parties (in particular intellectual property rights and personal rights);
he accepts these General Terms and Conditions and complies with them at all times.
KDM is entitled at any time, but not obligated, to change the data provided by the customer for legal or technical reasons or not to process it at all.
The customer grants Kosova Digital Marketplace the exclusive right to use the insertion data provided. The insertion data may not be used, adopted or copied by third parties, with the exception of KDM partners. The customer has no right to have third parties access the insertion data provided by him for the purpose of publishing it on their platforms. Even if the customer gives the third party consent to such data access, Kosova Digital Marketplace is not obligated to grant access to the data. If Kosova Digital Marketplace is sued by a partner or third party in connection with the use of the marketplaces, an agreement with the customer, insertion data provided by customers or products or services offered, the customer is obligated to fully indemnify and hold Kosova Digital Marketplace harmless, including assuming KDM's legal and extrajudicial costs. At the request of Kosova Digital Marketplace, the customer must also hand over all documents that Kosova Digital Marketplace considers useful to avert the lawsuit and is obliged to join the proceedings.
The customer bears all risks that may arise as a result of manipulation of his IT system, as a result of malfunctions of his IT system and/or as a result of misuse of access authorizations.
The marketplaces contain information and content from Kosova Digital Marketplace as well as from advertisers and partners of KDM. Kosova Digital Marketplace endeavors to ensure the correctness of this information and content, but expressly makes no representations or warranties in this regard. This particularly applies to the truth, correctness, completeness and timeliness of the information and content. Kosova Digital Marketplace also rejects any liability for damages that may arise from the retrieval, access, use or application of this information and content. The retrieval and use of such information and content is exclusively at the customer's risk. The customer is fully responsible for the products and services offered by him via the marketplaces as well as for the content he transmits to Kosova Digital Marketplace (in particular for the insertion data, advertisements).
Kosova Digital Marketplace rejects any liability for the customer's content. In particular, Kosova Digital Marketplace does not provide any warranty or guarantee for the products and services offered by the customer via the marketplaces or for any contracts that may result from them, such as purchase contracts between customers or with users and third parties. KDM does not check the content of websites linked to the marketplaces and is not responsible for the content of such linked websites.
Under no circumstances is Kosova Digital Marketplace liable for consequential damages or lost profits. If, despite all due care, Kosova Digital Marketplace is unable to meet its contractual obligations due to force majeure such as natural disasters, armed conflicts, strikes, unforeseen official restrictions or technical malfunctions that are the responsibility of third parties, the customer has no claim to contract fulfillment. KDM is not liable for misuse of the Internet and related damage to the customer by third parties, for security deficiencies and disruptions to third-party telecommunications networks and the Internet, or for operational interruptions and disruptions to the marketplaces and third-party offers.
KDM is not a party to contracts between customers, users or other third parties regarding products and services offered by customers via the marketplaces. Kosova Digital Marketplace is in no way responsible for the conclusion of the contract or any associated risks. The information and content provided on the marketplaces does not constitute an invitation to make an offer, nor an offer or recommendation to rent and/or purchase by KDM. KDM is entitled but not obliged to monitor the behavior of users and customers and their content on the marketplaces and to check their admissibility.
Each time the customer uses services integrated into marketplaces from partners of Kosova Digital Marketplace, the customer accepts the relevant terms of use for these services.
The customer may not transfer the contractual relationship with Kosova Digital Marketplace to a legal successor without the written consent of Kosova Digital Marketplace, nor may claims arising from the contractual relationship with Kosova Digital Marketplace be assigned to third parties without the written consent of Kosova Digital Marketplace.
The customer confirms these general terms and conditions every time he pays for an ad and places it on one of the market platforms of Kosova Digital Marketplace. This means that the most current version of the general terms and conditions is always available to him. KDM reserves the right to change these general terms and conditions at any time. The current version will be published in a suitable place on the marketplaces.
General provisions If a provision of an agreement is invalid or unenforceable, it shall only be void to the extent of its invalidity or unenforceability and shall otherwise be replaced by a provision that is as close as possible in economic terms to the invalid or unenforceable provision. Any gaps in the agreement in question shall be filled by provisions that come as close as possible to what the parties would have agreed in terms of its meaning and purpose if they had thought of the relevant point when concluding the agreement in question.
These general terms and conditions are subject exclusively to Kosova law, excluding international conflict of laws (IPRG). The exclusive place of performance and jurisdiction is the registered office of KDM. Kosova Digital Marketplace is also entitled to take legal action against the customer at his or her registered office/place of residence.
As of: 10 June 2024 - Kosova Digital Marketplace