Terms & Conditions

Terms & Conditions

Terms & Conditions

 

Last Updated: 11. November 2019



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§ 1 General regulations

§ 2 Services of packiteco

§ 3 Registration and Marketplace access

§ 4 Conclusion of contracts on the Marketplace

§ 5 General obligations of the User

§ 6 Special obligations of the seller

§ 7 Special obligations of the buyer

§ 8 Execution of contracts concluded on the Marketplace

§ 9 Liability of packiteco

§ 10 Foreign contents

§ 11 Rating system

§ 12 Assignment and offsetting

§ 13 Contract period

§ 14 Final provisions


§ 1 General regulations

 

(1) The company packiteco, hereinafter "packiteco GmbH i. Gr. ", Tengstraße 9, 80798 Munich (hereinafter "packiteco"), represented by Markus Dangelmayer, offers entrepreneurs within the meaning of § 14 BGB and merchants within the meaning of the Handelsgesetzbuch (Commercial Code of the Federal Republic of Germany) (hereinafter "Users") the opportunity to use the proprietary business-to-business trading system on the proprietary online Marketplace packiteco.com (hereafter: „Marketplace”) under a service contract and in accordance with these Terms of Use.

(2) These Terms of Use shall comprise any and all conditions governing the relationship between packiteco and the User and apply to all services offered by packiteco under this service contract. Any provisions deviating from these Terms of Use shall apply only if expressly confirmed otherwise by packiteco. With the application for activation as per § 3, the user accepts these Terms of Use.

(3) General terms and conditions of the seller, which are included by the seller in an offer, govern the business relationship to their respective buyers only.

(4) Changes to these Terms of Use shall be communicated to the User by packiteco in writing or by e-mail. If the user does not object to such changes within six weeks after receipt of the notification, the changes shall be deemed agreed upon. In the event of a change of these Terms of Use, the right of objection and the legal consequences of not reacting shall be explained to the User separately.

 

 

§ 2 Services of packiteco

(1) The Marketplace is a platform for sellers and buyers for the sale of sustainable consumables and packaging products.

(2) Packiteco's services include:

(a) Provision of the possibility of use of the Marketplace after registration and activation of a user account for the User as per § 3;

(b) Enabling conclusions of contracts via the Marketplace for offers initiated by the seller as per § 4;

(c) Providing a rating system for Users for quality assurance purposes;

(d) Maintaining a reporting system in case of infringement of industrial property rights;

(e) Payment processing through a licensed e-money service provider;

(f) Consultation and support services for Users if agreed upon separately with packiteco.

 

 

§ 3 Registration and Marketplace access

(1) Prerequisite for the use of the Marketplace is the activation by packiteco. The Marketplace is only available to entrepreneurs within the meaning of § 14 BGB and merchants within the meaning of the HGB. Access to or use of the Marketplace is granted at the sole discretion of packiteco.

(2) The User can register for basic access as a seller or buyer by clicking on the person icon in the top menu bar on the packiteco.com webpage  and then clicking on "Register" and entering basic data, i.e. name, e-mail address, mobile phone number and user name. The User then receives a link to the log-in area of the Marketplace for verification purposes. 

After confirming these Terms of Use, the User must enter the necessary additional data, including address, currency type and tax information in the log-in area under "Account Details". 

Furthermore, the User has to prove his entrepreneurial status by uploading a suitable document, e.g. trade register entry or commercial register extract.

(3) A seller must also provide the following information:

- Proof of the environmental friendliness of the products offered such as a suitable certificate.

(4) packiteco will check the information and documents of the respective User after the necessary documents have been provided. Until the activation, neither a sale nor a purchase of goods is possible using the Marketplace.

The activation is confirmed by e-mail. The activation marks the start of a fee-based service contract between packiteco and the respective User, for an indefinite period and in accordance with these Terms of Use. The fee to be paid by the User depends on the current price conditions, which are published on the Marketplace.

(5) Packiteco shall calculate the applicable commission after the end of a calendar month and send an invoice to the seller. The calculation is based on the net sales generated by the seller (turnover exclusive of value added tax). The resulting invoice amount plus VAT as per the applicable tax rate is due immediately after invoicing without deductions. The regulations for default and default interest are based on the applicable legal regulations.

(6) It is the sole responsibility of the User to ensure all data entered in the course of the registration process  as per para. 2-4, which are thus made known to packiteco and other users, are correct and complete. The User commits to notifying packiteco of any future changes to the information provided.

(7) packiteco is entitled to block a User from accessing the Marketplace if there is reasonable suspicion that he violated these Terms of Use. The User can avert these measures if he removes the suspicion by submitting suitable proof, at his own expense, within a reasonable period to be set by packiteco.

(8) The User is obliged to keep the login and password secret and to protect it against unauthorized access by third parties. In case of suspicion of misuse by a third party, the User will inform packiteco immediately. As soon as packiteco becomes aware of the unauthorized use, packiteco will block the access of the unauthorized User. For security reasons and to prevent unauthorized access, packiteco reserves the right to change a User's login and password; in such a case, packiteco will inform the User immediately.

 

 

§ 4 Conclusion of contracts on the Marketplace

(1) The seller has the opportunity to discontinue offers for the products offered by him. Offers are legally non-binding in the sense of an invitation to treat. The buyer has the option of specifying (size, number, etc.) the desired products and to add them to the virtual shopping cart by clicking the button "Add to cart”.  By clicking the button "Checkout" the buyer is forwarded to the checkout process. After confirmation of the details entered (which can be amended by clicking on "Go back"), the buyer makes a binding declaration to conclude a purchase contract with the seller by clicking the button "Pay and complete purchase". The seller will immediately send the buyer an automated information about the receipt of the order by e-mail. The contract is concluded when a separate order confirmation is issued by the seller and / or on delivery of the goods by the seller. If and when no order confirmation has been issues within 5 working days or if no delivery has happened within 5 working days, the buyer is no longer bound by his contract offer.

(2) Actions undertaken using a user login shall be attributable to that respective user. The User shall be responsible for all declarations of intent made on the Marketplace. For declarations made by third parties using the member account of the User, the User is liable to an adequate extent as is common for contracts with protective effect to the benefit of third parties. 

(3) The system time of the Marketplace is the applicable time for all transactions made on the Marketplace. 

(4) packiteco reserves the right to change or extend the content and structure of the Marketplace as well as the associated user interfaces as long as this does not  affect or does not significantly affect the fulfillment of the contract concluded with the User. packiteco will inform the Marketplace users about the changes accordingly.

 

 

§ 5 General obligations of the User

The User is required to

(a) set up and maintain the necessary data protection arrangements for the entire contract period. This essentially refers to the careful and conscientious handling of login data and passwords;

(b) promptly notify packiteco of any technical changes, if and when they are likely to affect the performance or security of the packiteco Marketplace;

(c) assist in the investigation of third party attacks on the Marketplace, to the extent that such user participation is required;

(d) use the Marketplace solely for business purposes in the course of regular business operations.

(2) The User shall refrain from undertaking any measures that endanger or disturb the functioning of the Marketplace. The User shall refrain from accessing data that he is not authorized to access. Furthermore, the User has to ensure that any information and data transferred by the User via the Marketplace is not afflicted with viruses, worms or trojans. The User agrees to indemnify packiteco for all damages arising from the failure to comply with these obligations and to further indemnify packiteco from all claims of third parties, including legal fees and court costs, arising from the User's failure to comply with these obligations.

 

 

§ 6 Special obligations of the seller 

(1) The seller is obliged to offer only those products that are environmentally friendly and meet the requirements set out in the certificate. If a product of the seller no longer fulfills the certification requirements, the seller must notify packiteco and immediately remove the product from the Marketplace. 

(2) In an offer, the seller must transparently list all price components and additional costs, customs, shipping, packaging, etc. For shipping costs, the seller has the choice to offer the products either free of charge or with a fixed flat rate. 

(3) The seller must obtain sufficient stock for the products offered by him. A clearance sale and / or unavailability of a product must be reported immediately.

(4) An offer may not be posted if

(a) the information entailed is incomplete so that the subject matter and the price cannot be determined beyond doubt;

(b) the execution of the sale violates applicable legal regulations or official orders or transgresses standards of public decency. In particular, no objects may be offered of which the offering or sale violates the rights of third parties, in particular industrial property rights and copyrights; The same applies to pornographic material or material that is inappropriate for younger audiences, weapons, drugs, propaganda material of anti-constitutional organizations and parties, living animals, etc. packiteco is entitled to remove such an offer from the Marketplace immediately.

(5) Goods or services which are allowed to be offered only upon production of proof required by law, may be offered or requested on the trading platform only if the proof was included in the description of the goods or services and the goods or services are submitted only upon production of the proof required by law. 

 

 

§ 7 Special obligations of the buyer

(1) The buyer is obliged to use only credit cards to which he has unrestricted legitimate access.

(2) The buyer has to provide sufficient funds for the transactions carried out on the Marketplace.

 

 

§ 8 Execution of contracts concluded on the Marketplace

(1) The execution of contracts concluded on the Marketplace is the sole responsibility of the respective Users. packiteco, as an intermediary of the platform, merely provides the opportunity to conclude contracts between Users. Accordingly, packiteco assumes no liability for material defects or defects in title of the products traded on the Marketplaces or for the fulfillment of the contracts concluded between the Users on the Marketplace. packiteco has no obligation to ensure the fulfillment of the contracts between the Users.

(2) Packiteco cannot guarantee the true identity and the power of disposition of a User. In case of doubt, both contracting parties are required to inform each other in an appropriate manner about their true identity and their power of disposition.

(3) Payment processing is handled by the payment service Stripe. The only payment method available to the buyer is the payment by credit card. 

 

 

§ 9 Liability of packiteco

(1) packiteco shall be liable for intent and gross negligence without restriction, but for slight negligence only in case of breach of essential contractual obligations. Essential contractual obligations are all obligations that are necessary to fulfill the contract. Liability for breach of such essential contractual obligations is limited to the contract-typical damage that was obvious or should have been obvious to packiteco at the time of contract conclusion.

(2) packiteco assumes no liability for disruptions of network infrastructure not caused by packiteco. 

(3) packiteco shall not be liable for the temporary unavailability of the Marketplace in the course of necessary maintenance work. Maintenance work must be announced by packiteco with a 72-hour notice period. If and when a security threat requires immediate action, packiteco is entitled to carry out maintenance work instantly, but must explain and justify the necessity to do so to the Users. 

(4) packiteco takes reasonable technical and organizational measures to protect user data from loss, theft or manipulation. 

(5) Liability shall not extend to impairment of the contractual use of the services provided by packiteco on the Marketplace, which has been caused by improper or incorrect use by the User.

(6) The aforementioned limitations of liability also apply mutatis mutandis to the agents of packiteco.

(7) As far as the Marketplace offers the possibility of rerouting traffic to databases, websites, services, etc. of third parties, e.g. by use of links or hyperlinks, packiteco is not liable for accessibility, existence or security of these databases or services, nor for the content thereof. packiteco is particularly not liable for the legality, accuracy, completeness, timeliness, etc. of these links and contents.

 (8) In all the aforementioned cases, the full liability of packiteco for injury to health, body or life caused by negligent breach of duty by packiteco or a willful or negligent breach of duty by its legal representatives or agents remains unaffected;

 

 

§ 10 Foreign contents

 (1) The User is prohibited from posting content (e.g. using links or frames) on the Marketplace that violates legal regulations, official orders or morality. Furthermore, the User is prohibited from posting content that violates rights, in particular copyright or trademark rights of third parties.

 (2) Packiteco does not endorse foreign content under any circumstances. The seller guarantees packiteco and other users of the platform that the goods and services offered do not infringe copyrights, trademarks, patents, other industrial property rights or trade secrets.

(3) Packiteco reserves the right to block third-party content if it is punishable under applicable law or if it is clearly used to commence punishable acts.

 (4) If a third party requests the removal of User’s contents from packiteco due to alleged infringement of industrial property rights, copyrights, legal provisions or other rights, packiteco reserves the right to immediately block such content. The User is given the opportunity to comment on the claims raised by the third party. Content is reactivated if the third party does not follow up on the claims or if the claims are determined as non-valid by a court order or ruling. Packiteco will set up a reporting system for such legal violations.

(5) The User shall indemnify packiteco from all claims asserted by third parties against packiteco for infringement of their rights or for violations of the law due to offers and / or contents posted by the User, if and when the User is responsible for them. The User shall bear the costs of the legal defense of packiteco, including all court and legal fees.

 

 

§ 11 Rating system

(1) Packiteco provides the User with a feedback system with which the User can rate contractual partners and completed purchases. In addition to awarding stars, the User can also write a personal comment using the feedback form.

(2) Ratings shall be truthful and using appropriate language. Insults, abusive criticism without any factual reference and false allegations are prohibited. Fake or manipulated reviews are equally prohibited.

(3) Packiteco does not check reviews before uploading them to the Marketplace. If a User asserts that a review written about him has not been made in accordance with these Terms of Use, packiteco will, after having been informed by the User concerned, immediately suspend the disputed review and request the reviewer to comment on the subject matter and then relay this comment to the party reviewed for a statement. If the statements of the participating Users prove the correctness of the facts stated in the review or if the overall assessment is a pure value judgment, packiteco will reactivate the review. In all other cases the review will be permanently removed from the Marketplace. Ordinary legal recourse remains unaffected.

 

 

§ 12 Assignment and offsetting

(1) A partial or complete assignment or offset of the User's rights under the contract with packiteco to third parties is excluded. For the assignment of monetary claims, however, § 354 a HGB applies.

(2) The User shall only be entitled to offsetting rights if the counterclaims have been legally established, are undisputed or have been recognized by packiteco unles the respective rights do arise from the same contractual relationship. The User does not have the right of retention if his asserted counterclaims are contested by packiteco, have been legally established or are ready for decision. packiteco is entitled to avert the exercise of the right of retention by providing security.

 

 

§ 13 Contract period

(1) The contract underlying these Terms of Use is concluded for an indefinite period. The contract commences on activation of the User by packiteco gem. § 3.

(2) The contract can be terminated by packiteco as well as by the User with a notice period of three months to the end of the month.

(3) Packiteco as well as the User have the right to terminate the contract for good cause without observing a notice period. Important reasons for packiteco are:

(a) A violation of the provisions of these Terms of Use by the User, which is not remedied even after a deadline for rectification has been set and has expired;

(b) A criminal act of the User or the attempt of such a criminal act, e.g. fraud;

(c) Continuing malfunction of operations due to force majeure, which is beyond the control of packiteco, such as natural disasters, fire, inculpable breakdown of cable networks.

(4) Any termination must be made in writing. Notice of termination by e-mail is considered written form.

 

 

§ 14 Final provisions

(1) The law of the Federal Republic of Germany applies excluding CISG (United Nations Convention on Contracts for the International Sale of Goods). Jurisdiction for all disputes with merchants within the meaning of the HGB is Dusseldorf. Packiteco is also entitled to sue at the general place of jurisdiction of the User.

(2) Should individual provisions of these Terms of Use be or become ineffective and / or contradict the statutory provisions, this shall not affect the validity of the remaining Terms of Use. The ineffective provision shall be replaced by mutual agreement between the contracting parties by such provision, which comes closest to the economic purpose of the invalid provision in a legally effective manner. The above provision equally applies in case of loopholes.

 

 

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