PLASTSHIP ® is an online platform in the B2B sector by companies for companies, which is operated by plastship GmbH (Auf der Lind 10, 65529 Waldems) (hereinafter "PLASTSHIP", "online platform", "plastship GmbH"). As an online platform, it mediates offers for the marketing of recycled plastics between suppliers and customers. The online platform is exclusively reserved for companies that do business.
PLASTSHIP may only be used by commercial suppliers and customers (hereinafter referred to as "users"). Consumers are not allowed to use PLASTSHIP. A consumer is any natural person who conducts legal transactions which are not part of any commercial or other self-employed activities. An entrepreneur is a natural or legal person of any kind who concludes a legal transaction for the purpose of pursuing his or her commercial activities or other self-employmed activities.
When registering and using PLASTSHIP, you must prove that you are a commercial user. Users wishing to register with PLASTSHIP must be registered in a commercial register and must have a valid VAT identification number. PLASTSHIP reserves the right to have the information provided by users checked by third parties either before or after registration.
When registering and using PLASTSHIP, only the general terms and conditions of PLASTSHIP (hereinafter "GTC") apply; the general terms and conditions of users are expressly not accepted. PLASTSHIP may unilaterally change the terms of registration and use at any time as necessary for the proper operation of the online platform.
PLASTSHIP reserves the right to exclude users from the use of PLASTSHIP who have been subject to national, European or international economic sanctions of any kind.
Only the user is responsible for entering the information and data while registering and using PLASTSHIP and assures to provide truthful information only. The information about the user has to be complete and has to be made transparent.
When registering, the user has to name a natural person who alone is entitled to use PLASTSHIP. The latter has to carefully protect his or her access data to PLASTSHIP in order to protect the authorized user and PLASTSHIP from any damage.
PLASTSHIP provides the online platform "as is" and is constantly developing it. PLASTSHIP makes every effort to ensure trouble-free operation, but does not guarantee that any interruptions in the operation of PLASTSHIP may occur due to maintenance work.
Suppliers can only offer substances and preparations on PLASTSHIP if those are products which do not constitute waste in the sense of European legislation (hereinafter "Products"). Further, all products have to be REACH compliant.
When entering data about products, the supplier has to at least provide following information:
Further information on the properties of the commodity can be provided; PLASTSHIP recommends the completion of some non-obligatory standard fields per resource group / polymer type. After the creation of a product the product details are only accessible to the supplier.
The created product is saved under "My plastship - My raw materials" and is now available to the supplier for the creation of offers. After creating the product, the supplier sends a product sample to PLASTSHIP (at least 2.5 kg, sent to „plastship GmbH, Auf der Lind 10, 65529 Waldems“). Upon receipt of the sample, PLASTSHIP will produce professional photographies of the product, which may be made available to the purchaser.
Each user is solely responsible for ensuring that the data about the products is up-to-date, complete and meets any legal requirements.
PLASTSHIP is not to responsible for the accuracy and veracity of the products information made available on PLASTSHIP, but reserves the right to review such information at any time and to encourage the user to make changes or, in the event of repeated breach of these terms, to temporarily or permanently exclude users from the use of PLASTSHIP.
PLASTSHIP allows the user to make a backup of the product data uploaded to PLASTSHIP. However, the user is responsible for the proper backup of his data. PLASTSHIP does not take responsibility for the user’s data backup.
PLASTSHIP mediates offers between suppliers and customers and does not sell any products itself via PLASTSHIP (hereinafter "Transaction"). A purchase of products made via PLASTSHIP comes about as a purchase contract or as a service contract (hereinafter "contract"). It is concluded exclusively between the supplier and the customer and does not oblige PLASTSHIP itself. The mediation is charged.
After the product has been created, the supplier has the opportunity to make a non-binding offer, in which the following information has to be provided:
Only offers are accessible to each registered user, while the data concerning the customer are only transmitted to the supplier when the customer requests a binding offer.
The customer has the possibility to search the offers created by the supplier on PLASTSHIP and to inquire if interested. Upon receipt of the customers request, PLASTSHIP will send the customer a material sample that the customer has to check within 5 working days.
The shipping of the sample is currently not charged. PLASTSHIP reserves the right to change the pricing of the sample shipment. When sending the sample PLASTSHIP informs the supplier about the request. After expiry of the inspection period, the customer can request a binding offer via PLASTSHIP. PLASTSHIP provides the customer a binding offer from the supplier, which the customer has to accept within the acceptance period specified by the supplier.
The details of the contract are agreed between the supplier and the customer; this, however, shall not affect the obligations by the supplier and the purchaser towards PLASTSHIP arising from the initiation of the contract.
If the customer overstays the acceptance period, then the contract does not come about; In this case, the customer has to pay PLASTSHIP the costs of sending and processing the request according to the price list, as far as a fee is specified.
The supplier either defines the delivery conditions according to INCOTERMS ® 2010 or negotiates these with the customer.
The payment is made between the customer and the supplier; PLASTSHIP is not involved in the payment process and does not provide any payment guarantee to the users involved. However, PLASTSHIP is entitled to temporarily or permanently exclude users from the use of PLASTSHIP if a user does not comply with his delivery, acceptance and / or payment obligations.
The customer can place a search order to PLASTSHIP. In this case, PLASTSHIP actively searches for a suitable supplier for the customer and, as far as possible, informs him of an offer within 2 weeks. In this case, the customer is obliged to provide PLASTSHIP with all the data on the product sought, so that the suppliers can submit appropriate offers.
Upon conclusion of the contract, PLASTSHIP will charge a transaction fee in accordance with the valid price list. Unless otherwise agreed, the customer bears the transaction fee, which is paid to PLASTSHIP on account.
PLASTSHIP offers the user other paid services. PLASTSHIP is entitled to cooperate with third parties to offer those services. The user is obliged to pay the agreed fees for the services used.
Services can be created and searched by all users. When creating a service, the following information must be provided:
Created services will be activated by PLASTSHIP and will be available to users from this point onwards. In addition, the provisions on offer, selection and payment in accordance with section 3 of these terms apply.
Communication between users and with PLASTSHIP takes place via a messenger service provided by PLASTSHIP via chat, email or SMS ("communication").
The user may use the platform only for the purposes intended by PLASTSHIP. In doing so, he must comply with the relevant EU legal provisions on competition and antitrust law as well as any export restrictions.
Users will abstain from advertising for any purpose other than the intended purpose of PLASTSHIP and the concrete contract initiation. Likewise, they will not take or tolerate action that could lead to disruption of PLASTSHIP or the communication and security of other users.
The user obligates to report any kind of disturbance when using PLASTSHIP. If this affects the behavior of another user on PLASTSHIP, PLASTSHIP has the right to investigate the behavior indicated within a reasonable time and to take all necessary steps to stop this behavior.
These include any temporary or permanent exclusion of a user from the platform. Further claims towards PLASTSHIP are not available to the user who has reported the disturbance.
All rights to the data about the user as well as his products or offers are entitled to the user who has transmitted the data to PLASTSHIP. No user has the right to use this information for any purpose other than the respective offering, or to distribute it to third parties not involved in the transaction, within or outside the online platform operated by PLASTSHIP.
With the registration and the entering of data the user grants PLASTSHIP the non-exclusive, worldwide right to use this data for the purpose of operating PLASTSHIP, initiating contracts and concluding purchase contracts.
The user is also liable for company-related data of legal persons who are not personal.
PLASTSHIP strictly adheres to competition neutrality and absolute confidentiality of the data provided by the user. Furthermore, PLASTSHIP undertakes to collect, process and use the data exclusively for the initiation of business between a supplier and customer.
Each user is obliged to treat the data and documents made available to him or her via PLASTSHIP, in whatever form, confidentially and to use it within the intended purpose.
This does not apply to the extent that such information is public and publicly available from other sources, or if the user entitled to confidentiality has expressly permitted the right of disclosure. This also does not apply if the disclosure is due to an official order or because this has to be done for legal reasons. Each user remains obliged to take all necessary measures to prevent third party access to such confidential information.
PLASTSHIP is not liable for slight and moderate negligence for itself and its representatives. This limitation of liability does not apply to injury to life or physical condition; Likewise, claims under the Product Liability Act remain unaffected by the limitation of liability. The limitation of liability applies to both contractual and non-contractual liability.
In particular, PLASTSHIP is not liable for the data provided by users about products and their properties, deliverability and quantities as well as the offer made by the customer in this context. Thereafter, PLASTSHIP shall not be liable for the content and completion of the purchase contract concluded between the users. The user indemnifies PLASTSHIP from all claims, of any kind, from third parties that could assert these in connection with the use of PLASTSHIP by users.
PLASTSHIP is also not liable for the fact that the user can not use the online platform temporarily or permanently due to disturbances of internet traffic, if these disturbances lie outside of the sphere of PLASTSHIP.
PLASTSHIP and each user can terminate the usage relationship without giving any reason within a period of two weeks; the right to extraordinary termination remains unaffected. Termination is excluded as long as a transaction between a supplier and customer is not completed; unless both expressly agree with the termination of the user relationship.
German law is considered agreed upon; Place of fulfillment and jurisdiction for all disputes arising from the relationship of use shall be at the court having jurisdiction at the location of PLASTSHIP. This does not affect the place of jurisdiction for disputes between users regarding the conclusion or execution of a purchase contract initiated via PLASTSHIP.
In the event that individual provisions of these Terms and Conditions are invalid or unenforceable, the remaining provisions of the Terms shall not be affected. In such a case, the parties shall replace the invalid or unenforceable provision by a provision corresponding to the economic purpose of the usage relationship, which shall come as close as possible to the intended purpose of the original provision.