PLASTSHIP ® is an online platform in the B2B sector of companies for companies, which is operated by plastship GmbH (Auf der Lind 10, 65529 Waldems, Germany) (hereinafter PLASTSHIP, Online Platform, plastship GmbH). As an Oonline Platform, in particular it mediates offers for the marketing of recycled plastics and services between suppliers and customers, or between plastics recyclers and plastics processors. Information on the business process, the functions of the Oonline Pplatform and other offers of plastship GmbH can be accessed under https://plastship.com or is provided by PLASTSHIP itself in direct communication.
I. GENERAL / SCOPE / AMENDMENTS
1. These General Terms and Conditions (GTC) apply between plastship GmbH and the users of PLASTSHIP and other contractual partners (the User(s)).
2. The offer to use PLASTSHIP is aimed exclusively at entrepreneurs. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity. The use of the services of PLASTSHIP by consumers is not permitted. A consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity.
3. Unless expressly agreed otherwise, these GTC apply to all our offers and contracts. They are all part of the respective contract. Deviating general terms and conditions of the user are not recognized, even if we do not expressly object to them. Deviating conditions of the user shall only apply if this has been expressly confirmed by us in writing.
4. Our GTC apply in their latest version to all subsequent transactions and contracts, without this having to be expressly mentioned or agreed upon at the time of their conclusion, insofar as the subsequent transactions are legal transactions of a related nature.
5. Individual agreements made with the buyer in individual cases (including ancillary agreements, additions and changes) shall in any case take precedence over these GTC. Subject to proof to the contrary, a written contract shall prevail for the content of such agreements.
6. Legally relevant declarations and notifications that are to be submitted to us by the user or the other contractual partner after conclusion of the contract (e.g. setting of deadlines, reminders, declarations of withdrawal) must be made in writing in order to be effective. Insofar as these conditions require written declarations, e-mail, fax or electronic declarations of this form shall also suffice within the scope of customary traffic. Statutory formal requirements and further evidence, in particular in the event of doubts about the legitimacy of the declarant, remain unaffected.
7. We are entitled to adapt the GTC in the course of the term of the contract. This is done by informing the user or the other contractual partner of the new GTC with a reasonable lead time.
II. SUBJECT OF THE ONLINE PLATFORM PLASTSHIP / OFFER AND SELECTION
1. PLASTSHIP makes the online platform available to suppliers and customers as part of a pure mediation activity and hereby offers users the opportunity to offer or request materials on PLASTSHIP, to create purchasing specifications and to submit offers in order to make raw materials and services from the field of plastics recycling accessible. PLASTSHIP also offers users the opportunity to conclude contracts with other users for offered or requested materials, whereby PLASTSHIP is not involved in the conclusion of the contract and thus does not become a contracting party. If necessary, PLASTSHIP advises users with regard to the optimal use of the Online Platform. For any kind of economic success on the part of the user, PLASTSHIP assumes neither a guarantee nor any other warranty.
2. Offers between suppliers and customers are regularly only mediated by PLASTSHIP. A sale of materials made via PLASTSHIP or the purchase of a service between the supplier and the customer (hereinafter referred to as transaction) is concluded as a contract exclusively between the supplier and the customer (hereinafter referred to as third-party contract) and does not oblige PLASTSHIP itself. All parts of the contract must be negotiated by the users involved themselves. The conclusion, content and execution of the third-party contract is the sole responsibility of the users. For any kind of economic success on the part of the user, PLASTSHIP assumes neither a guarantee nor any other warranty.
3. PLASTSHIP offers users further services and, if applicable, materials via the Online Platform or outside the Online Platform, but a separate agreement must be made between PLASTSHIP and the respective user. In this regard, purchase contracts can also be concluded with PLASTSHIP.
4. PLASTSHIP may unilaterally change the conditions of registration and use at any time, provided that this is necessary for the proper operation of the Online Platform.
5. After creating a material on PLASTSHIP, the supplier may submit a non-binding offer for a material. Unless expressly stipulated otherwise in individual cases, the offer is only accessible to registered users.
6. At the request of the customer, PLASTSHIP will send a material sample for a non-binding offer from the supplier.
7. PLASTSHIP shall also submit a binding offer from the supplier at the request of the customer. An acceptance of the binding offer of the supplier by the customer must take place within the acceptance period specified by the supplier. The details of the third-party contract are agreed between the supplier and the customer, but this does not affect the obligations assumed by the supplier and the customer vis-à-vis PLASTSHIP from the initiation of the third-party contract. Within the framework of existing commission agreements resulting from the brokerage activities of PLASTSHIP, PLASTSHIP is entitled - unless expressly agreed otherwise - to commission for all transactions concluded during the contractual portrait that are attributable to the mediation activity of PLASTSHIP.
8. With regard to all contents of PLASTSHIP, users or other contractual partners are generally prohibited from processing, taking over, copying or otherwise using them in whole or in part for their own commercial purposes, unless this corresponds to the contractual purpose agreed with us. Statistical data and/or other information outside of statutory copyright law may be used for editorial or accounting work within an appropriate framework. However, any further commercial use of this material is expressly prohibited. In addition, it is pointed out that logos, trademarks, video clips, films, photos, texts, business names and similar industrial property rights are generally protected by copyright and copyright. Their use is therefore strictly prohibited.
9. All data generated by the operational operation can be made available to the participants in a defined cycle or on request in an exchange format to be defined, as far as this is technically and content-relatedly possible.
III. REGISTRATION
1. Registration is required in order to use PLASTSHIP. Registration is free of charge. Registration may give rise to the obligation to conclude another separate agreement with PLASTSHIP (to which Sections II. 3. and VI. 2. is referred to by way of example). There is no entitlement to registration. PLASTSHIP reserves the right to exclude (alleged) users from registration, e.g. if contractual and/or unlawful conduct has been established on the part of the user. An exclusion from the registration is also possible if the conclusion of a further, separate contract with PLASTSHIP is absolutely necessary with the registration, but no agreement is reached in this respect.
2. The user is obliged to register under his own data. When registering, the user is obliged to provide correct and complete information, in particular about his identity, address, legal form (e.g. GmbH), telephone number, e-mail address and - if this is requested - his bank details. PLASTSHIP reserves the right to have the information provided by the user checked by itself or by third parties before or after registration.
3. During the term of his contract, the user must always keep the information and documents provided by him up to date. Necessary changes can be made via the functions provided by us.
4. When registering and using PLASTSHIP, the entrepreneurial status must be proven.
5. The user may not pass on his access data to third parties. The transfer to its employees for official purposes is permitted. However, it must be ensured that the employees observe these GTC.
IV. OFFERS FROM PLASTSHIP
1. Insofar as we submit offers to users and other contractual partners, these are always subject to change.
2. Insofar as we specify qualities, delivery dates and/or quantities within the scope of our offers, these offers are in any case subject to correct, timely and sufficient self-supply. We do not guarantee that the offers made are still up-to-date.
V. MATERIALS
1. Users and other contractual partners, including suppliers, undertake to offer only materials on PLASTSHIP that meet the relevant legal requirements (hereinafter referred to as materials).
2. Each User and any other contractual partner, including suppliers, is solely responsible for ensuring that their data on the materials is accurate, up-to-date, complete and complies with applicable law. PLASTSHIP offers users a service that supports them in keeping the data on materials up-to-date.
3. PLASTSHIP does not guarantee the accuracy and truthfulness of the data of the materials posted on PLASTSHIP by the users, but reserves the right at any time to check this data and to instruct the user to make changes if necessary or to temporarily or permanently exclude the user from use in the event of repeated violation of these provisions.
VI. PRICES AND PAYMENT / CONTRACT CONDITIONS
1. The use of the Online Platform by customers or plastics processors is free of charge.
2. For each sale mediated by PLASTSHIP between the users, which is processed without complaint and for which the purchase price has been paid by the customer in full without objection, PLASTSHIP receives a performance-based commission from the supplier. The amount of the commission, billing, terms of payment and other contractual conditions between PLASTSHIP and the supplier, the customer and/or other third parties are regulated on the basis of a separate agreement between PLASTSHIP and the supplier.
3. All prices shown by PLASTSHIP are net prices plus statutory value added tax.
4. Issued invoice amounts are payable within 14 days of receipt of the invoice by the user without deduction. Unless expressly agreed otherwise, invoices will be sent by e-mail to the user's e-mail address.
VII. AVAILABILITY OF THE ONLINE PLATFORM PLASTSHIP
1. PLASTSHIP provides the Online Platform as is and is constantly developing it further.
2. PLASTSHIP strives to ensure that operation is as trouble-free as possible, but points out that the users are neither owed nor guaranteed continuous availability or usability of PLASTSHIP – for example due to maintenance work.
3. PLASTSHIP is entitled to discontinue, change and/or delete the operation of the Online pPlatform in whole or in part at any time. As a result, PLASTSHIP assumes no liability for the uninterrupted availability of the website.
4. Although we always strive to keep the Online Platform virus-free, we cannot guarantee a consistent freedom from viruses. Before loading information or similar actions, the user is therefore required to ensure appropriate security devices and virus scanners for his own protection and to prevent viruses on the Online Platform.
5. As a content provider in accordance with § 7 of the German Telemedia Act (TMG), PLASTSHIP is responsible for its own content, which is made available for use, in accordance with general laws. Links to the content provided by other providers must be distinguished from these own contents. PLASTSHIP does not check the contents of these external links. However, if we discover or are informed by third parties that the content of the links or the third-party website or document, in addition to which we have created a link, triggers civil or criminal liability, we will immediately remove the reference to this. According to § 8 Abs. 1 TMG, PLASTSHIP is not responsible for third-party content uploaded by third parties and made accessible via the platform. We also do not adopt this content as our own. In addition, we are also not responsible for automatic, time-limited intermediate storage if this serves the sole purpose of making the transmission of third-party information to other users more efficient at their request (Caching, § 9 TMG). We are also not obliged to monitor the information uploaded by third parties or to investigate circumstances that indicate illegal activity (§ 7 para. 2 TMG).
VIII. OTHER OBLIGATIONS OF USERS
1. The user may only use the Online Platform himself and for the purpose intended by PLASTSHIP. He may only use our services in a way or for purposes that do not violate these GTC or applicable law or violate the rights of third parties. If these GTC or applicable law are culpably violated, we can and may take the necessary measures. In the case of minor violations, these may be limited to the indication that the GTC, legal provisions or the obligation to take into account have been violated. Serious violations can lead to the temporary or complete blocking of individual services or access by the user or even to the termination of the contractual relationship without notice.
2. The user may only post data and other content on the Online Platform that is complete and correct, that he is entitled to use accordingly and that does not violate applicable law or the rights of third parties.
3. PLASTSHIP is entitled to block content posted by the user and to exclude the user if there is a reasonable suspicion that data or other content posted on PLASTSHIP is unlawful, if these GTC are violated or the rights of third parties are violated.
4. The user is obliged to inform PLASTSHIP immediately if a third-party contract brokered by PLASTSHIP is concluded outside the platform. This applies in particular to all transactions concluded during the contractual relationship that are attributable to the mediation activities of PLASTSHIP.
IX. OPERATION OF AN OWN PAGE ON PLASTSHIP AND / OR A SHOWROOM BY THE USER AS A PREMIUM PARTNER, ADDITIVE PARTNER OR SHOWROOM PARTNER
1. Insofar as a user uses the Online Platform as part of a premium use, as an additive partner or as a showroom partner in such a way that he designs his own page on this platform, processes customer contacts via this page and accordingly depicts his company name, his brands or even a contact person on this page, provides content or the like, the user grants us for this purpose of a non-exclusive, royalty-free, non-transferable, non-sublicensable, worldwide license to use, store, display, reproduce, cancel, modify and distribute the content of this site on our Online Platform.
2. No provision of these GTC shall limit any other rights of us to the respective user in this regard, for example from other licenses. PLASTSHIP reserves the right to remove or edit the content on these pages of the users at its own discretion or to change their use on PLASTSHIP if this appears necessary and appropriate.
3. To the extent that the User uses his own site for commercial purposes on PLASTSHIP, he undertakes to indemnify us and our directors and employees from and against any claims, suits, legal proceedings, disputes, claims, damages, losses, costs and other expenses (Indemnification). This also includes reasonable attorneys' and accounting costs, including the costs for the necessary defense in the context of court or other proceedings initiated by third parties against us in connection with the use of the user's own site on PLASTSHIP.
4. With regard to the use of the user's own site on PLASTSHIP, PLASTSHIP disclaims further warranties and conditions of merchantability, suitability for a particular purpose, non-infringement of property rights and warranties arising from regular commercial conduct or commercial transactions.
5. PLASTSHIP assumes no responsibility or liability for user content that the user or a third party posts or otherwise transmits to PLASTSHIP via this page.
6. Further contractual agreements in connection with the operation of a separate page on the platform by the user, such as the costs for use, are regulated between PLASTSHIP and the respective user within the framework of a separate, individual agreement.
X. PREMIUM PARTNERS
1. PLASTSHIP offers a premium user account for the individual marketing of materials, for the automation of the sales process, for improved business processing and for the use of a clear customer database. In particular, this account enables digitization in customer communication as well as the entire sales process and the connection options to existing ERP/CRM systems. The user has the opportunity to design and present his own website via the platform. Accordingly, he can depict his company name, his brands or contact persons on this page and he can provide content.
2. Further contractual agreements in connection with the Premium Account and the Premium Partnership, such as the prices, the service description, the contract term and/or other essential contractual components, are the subject of a contractual agreement concluded individually between PLASTSHIP and the user.
3. In all other respects, the above Section IX shall expressly apply.
XI. ADDITIVE PARTNERS
1. PLASTSHIP offers an additive partnership. The relevant services can be booked by providers. In this respect, the user also has the opportunity to design and present his own website via the platform. Accordingly, he can depict his company name, his brands or contact persons on this page and he can provide content. In addition, the user has the opportunity to present his additives on the page.
2. Further contractual agreements in connection with the additive partnership, such as the prices, the service description, the contract term and/or other essential contractual components, are the subject of a contractual agreement individually concluded between PLASTSHIP and the user.
3. In all other respects, the above Section IX shall expressly apply.
4. PLASTSHIP offers the additive partners the Additive Selector as a separately commissioned service. The Additive Selector is provided on the PLASTSHIP platform and can be used by PLASTSHIP users. The respective client can participate in the PLASTSHIP Additive Selector in order to make his additives and / or masterbatches accessible to the users.
5. The Additive Selector supports the user in identifying and selecting the right additive for his requirements. The user has the opportunity to indicate his desired improvements. For these requirements, suitable additives are displayed to him, which he can take over for a request.
6. An organizational and continuous exchange between the user and PLASTSHIP is necessary for this implementation. In each case, the client must ensure that all information required for the provision of services is transmitted to PLASTSHIP in good time. The provision of all information relevant in individual cases is the sole responsibility of the user.
7. Further contractual agreements in connection with the Additive Selector such as the prices, the service description, the contract term and/or other essential contractual components are the subject of a contractual agreement individually concluded between PLASTSHIP and the user.
XII. SHOWROOM PARTNERS
1. PLASTSHIP also offers a showroom partnership. The relevant services can be booked by providers or machine manufacturers. In this respect, the user also has the opportunity to design and present his own website via the platform. Accordingly, he can depict his company name, his brands or contact persons on this page and he can provide content. In addition, the user can also present his products or best practices in the showroom including images, texts, authors and inquiry forms.
2. Further contractual agreements in connection with the showroom partnership, such as the prices, the service description, the contract term and/or other essential contractual components, are the subject of a contractual agreement individually concluded between PLASTSHIP and the user.
3. In all other respects, the above Section IX shall expressly apply.
XIII. RIGHTS TO DATA / RIGHTS OF USE
1. All rights to the data about the user as well as his offers or materials belong to the user who has transmitted the data to PLASTSHIP. No user is entitled to use the data transmitted to PLASTSHIP for purposes other than for the respective offer and in the context of the use of services in accordance with Section IX or to distribute it to third parties who are not involved in the transaction within or outside the online platform operated by PLASTSHIP.
2. By registering and posting data, the user grants PLASTSHIP a non-exclusive, worldwide right to use this data, in particular for the purpose of operating PLASTSHIP, initiating contracts, creating analyses, creating market overviews (also on the basis of accumulated data) and executing contracts.
XIV. PRIVACY
1. Insofar as the user transmits personal data in the context of registration and/or use of PLASTSHIP, the transmission, collection and processing of this data takes place on the basis of PLASTSHIP's separate data protection declaration (hereinafter referred to as data protection declaration), which can be accessed and downloaded online at https://plastship.com/privacy.
2. The privacy policy is binding on the user and he is liable for the transmission, collection and processing of the data for their lawfulness, in particular for the contractual or consent covered by consent of the natural person concerned.
3. The user is also liable for company-related data of legal entities that are not personal.
XV. CONFIDENTIALITY
1. PLASTSHIP undertakes to treat the data provided by the user confidentially – unless it is accessible to other users on the Online Platform.
2. The user is obliged to treat the data and documents made available to him via PLASTSHIP confidentially, regardless of the type and form, and to use them within the intended purpose.
3. The obligation of confidentiality does not apply if this data is obvious and publicly accessible from other sources or if the user entitled to confidentiality has expressly permitted the right to disclosure. This also does not apply if the disclosure is made on the basis of an official order or because this has to be done for legal reasons. Each user further undertakes to take all necessary measures to prevent access by third parties to this confidential data.
XVI. LIABILITY
1. PLASTSHIP is liable in the event of intent, malice, in accordance with the Product Liability Act, in the absence of the quality guaranteed by us as well as for damages resulting from injury to life, limb or health, in accordance with the statutory provisions. If we are responsible for gross negligence, our liability is limited to the foreseeable, contract-typical damage.
2. For all cases of slight negligence, liability for damages in lieu of performance (§ 281 BGB) is excluded. In all other respects, PLASTSHIP shall only be liable in the event of slight negligence, regardless of the legal grounds, if we have breached an essential contractual obligation, i.e. an obligation the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which the contractual partner regularly relies and may rely. In this case, our liability is also limited to the foreseeable, contract-typical damage.
3. In particular, PLASTSHIP is not liable for the data provided by users about materials and their properties, delivery capability and quantities as well as the offer made by the customer in this context. Accordingly, PLASTSHIP is not liable for the content and conclusion of the third-party contract concluded between the users. The user indemnifies PLASTSHIP from all claims, of any kind, from third parties that they could assert in connection with the use of PLASTSHIP by the user.
4. Insofar as the user uses contractual samples or other documents that are made available on PLASTSHIP and can be downloaded by the user and have legal content, such as contractual clauses, PLASTSHIP excludes any liability with regard to the content of these contract samples or other documents. In this respect, the user is expressly informed that we are not permitted by law to develop any activity in the field of legal advice. In this respect, the user is free to obtain appropriate legal advice.
XVII. TERM / TERMINATION
1. The user relationship is concluded for an indefinite period.
2. The user and PLASTSHIP may terminate this without giving reasons with a notice period of two weeks; the right to extraordinary termination remains unaffected by this.
3. Termination is excluded as long as a transaction between a supplier and the customer has not been completed; unless they expressly declare their consent to the termination of the user relationship. Any payment obligations towards PLASTSHIP arising from the user relationship remain unaffected by this.
XVIII. GOVERNING LAW / PLACE OF JURISDICTION / MISCELLANEOUS
1. These GTC as well as the entire legal relationship between the user, the other contractual partner and PLASTSHIP are subject to the law of the Federal Republic of Germany with the express exclusion of the UN Convention on Contracts for the International Sale of Goods.
2. The place of performance and jurisdiction for all disputes arising from or in connection with the user and contractual relationship / these GTC between the user of the online platform and PLASTSHIP is the registered office of PLASTSHIP. This does not affect the place of jurisdiction for disputes that users have among themselves due to the conclusion or execution of a third-party contract brokered via PLASTSHIP.
3. In the event that individual provisions of these GTC are invalid or unenforceable, this shall not affect the remaining provisions of the GTC. In such a case, the parties shall replace the invalid or unenforceable provision with a provision corresponding to the economic purpose of the user relationship, which must come as close as possible to it.