1.Only private-to-private classifieds for musical instruments or products and services related to music and music-making are permitted. Commercial ads are expressly prohibited. There is no entitlement to the publication of your classified ad.
2.Thomann does not become a contracting party to any purchase or sale transactions initiated and conducted through the classifieds section and assumes no liability or warranty in this regard. Payment and shipping are carried out at your own risk. Your name, or alternatively a pseudonym, as well as your country, city, postal code, and email address will be published in the classified ad. Additionally, details about the equipment, images you upload, and optionally your phone number are part of the published classified ad.
3.You are solely responsible for your classified ad and confirm, upon publication, that you own all rights to the content of your classified ad (e.g., product descriptions, uploaded images) and that your offer does not violate any laws or third-party rights.
4.If you believe that a user is violating the above provisions, you may report potentially unauthorized content using the tools provided by Thomann. This also applies to trusted reporters as defined by the Digital Services Act. Reports from trusted reporters will generally be given priority, processed promptly, and brought to a decision.
5.For reports under clause 4, the content of the report and the data provided in the report may be shared with the user who posted the reported content. The identity of the reporting person will only be disclosed to the user if absolutely necessary.
6.The voluntary review of content, as well as the review of reported content, is carried out by our moderators. In individual cases, the review may involve semi-automated processing, with all decisions ultimately made by a human.
7.In case of a violation of these Terms of Use, Thomann is entitled to take the following actions:
- Warning the user
- Deletion of content
- Blocking of access
- Hiding of content
- Delaying the publication of content
- Restricting the use of our services, particularly the ability to publish content
- Temporary or permanent suspension of the user account
8.A user's suspension will only occur after a prior hearing, unless it contradicts the purpose of the suspension. In deciding on a suspension, Thomann will consider the specific circumstances of each case, especially the rights of affected parties. Relevant factors include:
- The absolute number of clearly unlawful contents posted within a specific time frame,
- Their relative proportion to the total number of individual pieces of information provided within a certain period,
- The severity of cases of misuse, including the nature of unlawful content and its consequences, and
- The intentions pursued by the user, individual, institution, or complainant, if these intentions can be determined.
9.If Thomann decides to take or refuse any action, it will inform the affected user or complainant, within the scope of its legal obligations, about the action taken and the reasoning behind it.
10.Decisions by Thomann can be appealed within six months of receipt, and Thomann will make a decision on the appeal according to legal requirements. The decision, including reasoning, will be communicated without delay. If an appeal provides sufficient grounds to assume that the decision to act on a report is unfounded, or that the information referred to in the appeal is neither illegal nor violates the general terms and conditions, or if it shows that the behavior of the complainant does not justify a suspension or termination of the service or closure of the account, Thomann will promptly reverse the contested decision. Users, including reporting persons or institutions affected by a decision, have the right to choose a certified out-of-court dispute resolution body for the resolution of disputes related to these decisions and complaints unresolved by the appeal.
11.If any provision of this agreement is found to be void, invalid, or unenforceable, or if a necessary provision is missing, the validity and enforceability of all remaining provisions of this agreement shall remain unaffected.
12.This agreement is governed solely by the law of the Federal Republic of Germany, provided you have your habitual residence in Germany or a state that is not a member of the European Union. If you are habitually resident in a member state of the European Union, German law shall also apply, but mandatory legal provisions of the state in which you reside remain unaffected.
13.If you do not have a general place of jurisdiction in Germany or in another EU member state, the exclusive place of jurisdiction for all disputes arising from this agreement shall be at our registered office.
