General terms and conditions - for the use of the service www.supplify.net -
1. Subject, scope of application
1.1. The subject of these general terms and conditions (hereinafter "GTC") is the use of the brokerage service www.supplify.net (hereinafter "platform"). The platform is operated by Luca Schloßmann, Paul-Brandi-Straße 6, 45149 Essen (hereinafter "we" or "us").
1.2. Key functionalities of the platform and definitions:
1.2.1. On the platform, providers such as textile manufacturers (hereinafter referred to as "providers") can register in a business directory and/or place advertisements. Such advertisements and/or entries in the business directory on the platform are referred to as "advertisements".
1.2.2. Those interested in the goods advertised on the platform, such as fashion brands or fashion retailers (hereinafter referred to as "interested parties") can also post entries in the industry directory on the platform. You can also contact the providers using the inquiry forms provided on the platform. Entries by interested parties in the industry directory on the platform as well as their messages, reviews or other content that they post on the platform are referred to as "user contributions".
1.3. Placing advertisements on the platform is subject to a fee, if agreed. Other use of the platform is free of charge.
1.4. Our offers and services are subject exclusively to these General Terms and Conditions. Terms and conditions of the user that differ from and/or go beyond these Terms and Conditions do not become part of the contract.
2. Conclusion of contract, contract language
2.1. Conclusion of contract for paid services:
2.1.1. Only when you order our service (e.g. advertising) is a binding offer to conclude a corresponding contract. To place an order, go through the ordering process on the website and enter the information requested there. Before sending the order, you have the opportunity to check all order data again and correct it if necessary. Only when you send the order do you make a binding offer to us to conclude a contract.
2.1.2. We can accept your offer within five days by
- sending an order confirmation by post, fax or email, or
- requesting payment
; the time at which you receive our order confirmation or request for payment is decisive for compliance with the deadline.
2.2. Conclusion of contract for free services:
2.2.1. The provision of the website does not constitute a binding offer to conclude a corresponding user contract. A binding offer is only made when the user sends us his registration request and/or a booking via the website. We may accept this offer by confirming the user's registration or booking by sending a registration or booking confirmation by email or by having user contributions posted on the platform.
2.3. Contract language:
2.3.1. The contract language is German.
3. Storage of the contract provisions
3.1.1. We store the contract provisions, i.e. the booking data or order data or registration data and these General Terms and Conditions. You can print out or save the contract provisions by using the usual functionality of your browser (usually "Print" or "File" > "Save as"). The booking data or order data or registration data are included in the overview that is displayed in the last step of the booking or order or registration. In the case of paid contracts, the contract provisions including the General Terms and Conditions are also included in the email with the order confirmation that we send you if your order is accepted.
4. User account (registration)
4.1. When registering a user account, correct and complete information must be provided. Third-party data may not be used without their consent.
4.2. Multiple registrations are not permitted.
4.3. You are obliged to treat your access data, such as your password, as confidential, not to make it available to third parties, and to inform us immediately in the event of loss or unauthorized use of your access data.
5. Remuneration
5.1. The provider pays the fees for the services he has chosen in accordance with our price list or other price list valid at the time of conclusion of the contract.
5.2. If we increase prices in general, we are entitled to increase the prices covered by the contract in the same way. However, the first change to the prices covered by the contract may not take place before 6 months have elapsed and the last price change may not have occurred less than 6 months ago. In addition, the price change must be within the limits of reasonable discretion (Section 315 Paragraph 3 of the German Civil Code).
6. Requirements for advertisements
6.1. Accuracy and timeliness: You must keep your advertisements accurate and up-to-date at all times.
6.2. Hyperlinks: If your advertisements contain hyperlinks, you must ensure the technical availability of the target page and the legality of the content of the target page and the environment of the target page.
6.3. Compliance with applicable laws: You must ensure that your advertisements do not violate any relevant legal provisions. These include, for example, the prohibition of unfair, misleading or otherwise anti-competitive advertising under the UWG, the Price Indication Ordinance or criminal law provisions.
6.4. No violation of third-party rights: Your advertisement must not violate third-party industrial property rights or intellectual property rights such as name rights, trademark rights (trademarks, designs) or copyrights. The provider assures us that he can freely dispose of the rights to the content of his advertisement required for the placement of his advertisement and that the rights of third parties do not conflict with them.
6.5. Legal notice requirement: The provider must ensure that any advertisements he has placed on the platform contain a legal notice, unless the advertisement is exclusively for private or family purposes and has no impact on the market. A clearly visible, recognizable and meaningfully labeled (e.g. "Imprint") link to an imprint of the provider available elsewhere is sufficient. The imprint must comply with the imprint requirement in accordance with Section 5 of the Telemedia Act.
7. Requirements for user contributions
7.1. Only lawful user contributions (directory entries, messages, reviews, etc.) may be communicated on or via the platform. In particular, the user contributions and/or their posting on the platform must not violate any third-party rights (e.g. name, trademark, copyright, data protection, personal rights, etc.). The user assures us that he can freely dispose of the necessary rights to post his user contributions on the platform and that they do not conflict with the rights of third parties.
7.2. The user contributions, whether in images or text, must not contain any depictions of violence and must not be sexually offensive. They must not contain any discriminatory, offensive, racist, defamatory or otherwise illegal or immoral statements or representations
7.3. Reviews given about providers must not contain any inaccurate factual statements or defamatory criticism and must not violate personal rights.
8. Blocking of ads
8.1. We are permitted to block ads immediately if there are indications that these or, if applicable, a target page to which the ads redirect, or the environment of the target page, are illegal or violate the rights of third parties. For these purposes, an indication of illegality or violation of law is, among other things, if third parties take measures of any kind against us or against you and base these measures on the allegation of illegality and/or
violation of law. The interruption of the connection must be lifted as soon as the suspicion of illegality or violation of law has been dispelled.
8.2. We will inform you immediately if advertisements are blocked and request that you clear up the allegation within a reasonable period of time. If the period of time expires without result, we have the right to terminate the contract immediately.
9. Blocking of user contributions
9.1. We are entitled to block and/or delete user contributions at any time, provided that this does not conflict with your right to freedom of expression.
10. Claims for defects (warranty)
10.1. If and to the extent that a warranty liability under a work contract is applicable in an individual case, the claims specified in Section 634 No. 1, 2 and 4 of the German Civil Code expire within one year after acceptance for a work whose success consists in the manufacture, maintenance or modification of an item or in the provision of planning or monitoring services for this. Excluded from this are claims for damages by the customer that are aimed at compensation for physical injury or damage to health due to a defect for which we are responsible or are due to gross negligence on our part or on the part of our vicarious agents; the statutory limitation period applies to these claims.
10.2. The exception is the case in which we have fraudulently concealed the defect. In this case, the statutory limitation period applies.
11. Exclusions and limitations of liability
The following applies to our liability for damages:
11.1. In the case of intent and gross negligence, including that of our vicarious agents, we are liable in accordance with the statutory provisions. The same applies to negligently caused damage resulting from injury to life, body or health.
11.2. In the case of negligently caused material damage and financial loss, we are only liable in the event of a breach of a material contractual obligation, but the amount is limited to the damage that was foreseeable at the time the contract was concluded and was typical for the contract; material contractual obligations are those whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner can regularly rely. Further statutory exclusions and limitations of liability remain unaffected.
11.3. In all other respects, liability on our part is excluded, regardless of the legal basis.
11.4. The exclusions and limitations of liability in the above paragraphs (1) to (3) also apply mutatis mutandis to our vicarious agents.
11.5. Liability due to the assumption of a guarantee or under the Product Liability Act remains unaffected by the exclusions and limitations of liability in the above paragraphs (1) to (4).
12. Information on restrictions in relation to user information
12.1. In addition to the provisions made elsewhere in these General Terms and Conditions, we provide the following information:
12.1.1. ………..
12.1.2. ………..
13. Miscellaneous
13.1. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
13.2. The place of jurisdiction in dealings with merchants, legal entities under public law or special funds under public law is the registered office of our company. However, we are entitled, at our discretion, to sue at the customer's registered office.