General terms and conditions of business
1. General information
1.1 Scope of application
These General Terms and Conditions apply in the version valid at the time of conclusion of the contract for all business relations between us (the ecosistant GmbH, c/o betahaus, Rudi-Dutschke-Straße 23, 10969 Berlin, represented by its managing director: Mr. Andreas Landes) and you. Should you use conflicting general terms and conditions of business, these are hereby expressly contradicted.
1.2 Contract agreement
Contract languages are German and English. Customers within the meaning of these General Terms and Conditions are exclusively entrepreneurs within the meaning of § 14 BGB (German Civil Code).
1.3 Conclusion of contract
The presentation of the product range in our online shop is initially subject to change and non-binding. When placing an order via this website, you first select the desired service. This can be a one-time service or a subscription. You then enter all data required for the order before you have the opportunity to check all details (e.g., name, address, method of payment, desired service) once again and correct any input errors, as well as to select the method of payment before you confirm your order by clicking on the button “order subject to payment”. With your order, you declare your contractual offer binding. We will immediately confirm receipt of the order. The confirmation of receipt does not represent a binding acceptance of the order. We are entitled to accept the contractual offer contained in the order within five calendar days after receipt of the order by e-mail, fax, telephone, post or by activating your account. With acceptance, the contract is concluded.
To use the full scope of this website, it is necessary to create a customer account. This account will be created automatically when you place your order. The password, which enables you to access the personal area, is to be kept strictly confidential and may not be passed on to third parties under any circumstances. You take the appropriate and reasonable measures to prevent your password from being disclosed to third parties. A customer account cannot be transferred to other users/customers or other third parties.
1.5 Subsequent modification of the terms and conditions
We shall be entitled to subsequently adapt and supplement the General Terms and Conditions of Business with respect to existing business relationships, insofar as changes in legislation or case law make this necessary or other circumstances lead to the contractual equivalence relationship being not only insignificantly disturbed. A subsequent amendment of the General Terms and Conditions of Business shall become effective if you do not object within six weeks of notification of the amendment. We will expressly draw your attention to the effect of your silence as acceptance of the contractual amendment at the beginning of the period and will give you the opportunity to make an express declaration during the period. If you object within this period, both you and we can terminate the contractual relationship extraordinarily, unless we allow the contractual relationship to continue under the old General Terms and Conditions.
2. Description of services
2.1 General information
We offer support in various ways on the subject of packaging licensing and extended producer responsibility (EPR). From the provision of information to a registration service. We also offer both one-time payment and subscription models. Please refer to the respective description for the applicable conditions.
2.2 Provision of services
We are entitled to have the contract or parts of the contract fulfilled by third parties.
2.3 Time of performance
Unless expressly agreed otherwise, we will provide the service within ten days after receipt of all documents required for your order and the payment order you have submitted to the transferring bank.
All prices are exclusive of value-added tax.
3.2 Default of payment
You are in default of payment if we do not receive the payment within two weeks of receipt of the invoice. In case of default of payment, interest will be charged at a rate of 9 percentage points above the base rate of the European Central Bank. If you are in arrears with your payments, we reserve the right to charge reminder fees of 2.50 euros. The assertion of further damages remains unaffected. You shall have the opportunity to prove that we have incurred no or less damage.
3.3 Right of retention
You are only entitled to assert a right of retention for such counterclaims that are due and based on the same legal relationship as your obligation.
3.4 SEPA payments and pre-notification
Invoices can be paid via the SEPA Direct Debit Scheme. To do this, you give us a corresponding mandate (SEPA basic mandate, or, if possible, a SEPA company mandate). If invoices from deliveries and services are paid via the SEPA Basic Direct Debit Scheme / – Company Direct Debit Scheme, you will receive advance information on direct debit. The period for pre-notification is reduced to 1 day for B2B SEPA direct debits. For CORE, the standard direct debit, the period is also reduced to 1 day for a first direct debit (FRST)/one-time debit (OOFF) and a subsequent direct debit (RCUR). You agree to ensure that the account is covered. Any costs incurred due to non-redemption or reversal of the direct debit shall be borne by you as long as the non-redemption or reversal was not caused by us.
4. Your responsibility
4.1 General information
You are solely responsible for the content and accuracy of the data and information you transmit. You also undertake not to transmit any data whose contents infringe the rights of third parties or violate existing laws. By transmitting data to us, you confirm that you have complied with the copyright regulations.
You shall indemnify us against all claims asserted against us by third parties on account of such violations. This also includes the reimbursement of costs of necessary legal representation.
4.3 Duty to cooperate
You are obliged to provide the cooperation services necessary for the contract so that we can carry out the contractual service. In particular, you must provide us with comprehensive information about your company so that we can keep the information within the entry up to date.
4.4 Data backup
You are jointly responsible for securing the information sent. We cannot be held responsible for the loss of your sent information as we do not provide a general data backup guarantee.
4.5 Profile data
You are obliged to keep the content and profile details you have posted always up to date and to inform us immediately of any abuse of your profile.
Your rights under this agreement are not transferable. The password, which enables you to access your personal area and thus also the data collection, is to be treated as strictly confidential and may under no circumstances be passed on to third parties. You shall take the appropriate and reasonable measures to prevent your password from being disclosed to third parties. We are not liable for any damage caused by misuse of the password.
You are obliged to keep secret all business and trade secrets and information designated as confidential, which we have communicated and/or become aware of to you during the execution of the contract. The obligation to maintain secrecy shall also apply to the time after completion of the order. We are also obliged to do so unless the order requires us to pass it on to third parties. We are, for example, expressly permitted to process the personal data entrusted to us in the course of providing the service or to have it processed by third parties. In the event of a legal dispute, we are entitled to disclose your internal information in order to protect our interests, even without prior release from the duty of secrecy. Secrecy does not apply to information that is generally accessible, is published by the other party to the contract itself or has become known to us by third parties. You are also not permitted to advertise with the joint business relationship without our prior written consent.
5. License conditions
5.1 Copyright law
The documents and information provided by us, including all authorized copies, are our intellectual property.
5.2 Granting of licenses
Upon payment of the fee, we will transfer to you all rights of use of documents required for you to the extent agreed in the contract and required for the respective purpose. In case of doubt, we will fulfill this obligation by granting non-exclusive rights of use in the country in which your billing address is located for the duration of the service. With the end of the contract, the granting of a license generally expires. However, with regard to the copies made available to you for your own use, the right of use shall continue to exist after the end of the contract.
5.3 Licensing conditions
Any use beyond this requires our consent. In particular, the materials may not be passed on to third parties (sublicensing or distribution), nor may they be copied, reproduced or stored on data carriers or other media. It is also prohibited to use the contents, texts and overviews for own purposes such as congruent services, seminars, courses or otherwise in relation to third parties without express written permission.
5.4 Compensation for damages
We reserve the right to claim damages for any violation of the contractual license terms, especially in case of copyright infringement.
6. Term, blocking and termination
6.1 Termination of a customer account
The user relationship is concluded for an indefinite period. It begins with the activation of the account and can be terminated by you at any time by giving notice in text form to us. In particular, we reserve the right to delete incompletely registered user accounts that have been inactive for a period of at least six months. With the termination of the free user contract, the profiles and contents assigned to the account will also be deleted.
6.2 Subscriptions with costs
The chargeable subscriptions can be canceled in text form with a 30-day notice period to the end of the respective term without giving reasons. If the contract is not terminated in time, it will be automatically extended by the respective initial term. The right to extraordinary termination for a good cause is not affected by this. After successful termination, your account will change to a free account, which you can also terminate under the conditions of 6.1.
6.3 Termination without notice
The right to terminate without notice for a good cause remains unaffected. An important reason exists in particular if
– you have provided incorrect or incomplete information at the time of conclusion of the contract,
– you repeatedly violate other contractual obligations and do not refrain from violating your obligations even after we have requested you to do so.
7.1 Disclaimer of liability
We and our legal representatives and vicarious agents shall only be liable for intent. Only if essential contractual obligations (consequently such obligations whose observance is of particular importance for the achievement of the purpose of the contract) are affected, shall we also be liable for gross or slight negligence. In this case, liability shall be limited to foreseeable damage typical for the contract.
7.2 Reservation of liability
The above exclusion of liability does not apply to liability for damages resulting from injury to life, body or health. The provisions of the Product Liability Act also remain unaffected by this exclusion of liability.
8. Final provisions
8.1 Legal venue
The exclusive place of jurisdiction for all legal disputes arising from this contract shall be our place of business if you are a merchant, a legal entity under public law or a special fund under public law.
8.2 Choice of law
As far as there are no compelling legal regulations according to your home country law, German law under exclusion of the UN-purchase right is valid as agreed.
8.3 Severability clause
The invalidity of individual provisions shall not affect the validity of the remaining General Terms and Conditions.