General Terms and Conditions
for the use of the B2B platform mtmfair.com
§ 1 General regulations
§ 2 Our services for you
(1) MTMfair is a platform for manufacturers, distributors and retailers of ethical products. MTMfair has an integrated, automated Communication system for the purpose of simplifying communication between exhibitors and trade visitors, as well as extensive functionalities for the to manage and monitor all ongoing business transactions.
(2) In detail, our services include:
(a) Keep available the possibilities of using MTMfair after your Approval according to § 3;
(b) Creation of a business environment in line with the objectives for a fair and equitable business environment trade (e.g. fair working conditions, environmental protection and strengthening of human rights) to which all users of the platform commit themselves; when you register as an exhibitor, you declare that at least 3 out of 10 criteria apply to you; when discontinuing products you explain, that at least 1 of these 10 criteria apply to the product in question.
(c) Enabling of negotiations and conclusion of contracts on MTMfair according to § 4;
(d) Creation of information and communication facilities among each other or between the contracting parties;
(e) Consulting and support services for you according to separate Agreement with us.
(3) In individual cases we take the liberty of accepting the contents posted by you. to use advertising purposes and promotional measures for the brand MTMfair (e.g. as a mention in newsletters, on Twitter, Instagram, Facebook and similar platforms and services). This expressly also includes the Offline use of the same. This does not give rise to any entitlement to additional advertising measures, but it may make your posted content more popular make.
§ 3 Approval and access to MTMfair
(1) Prerequisite for the use of MTMfair is the approval by us. MTMfair only stands for merchants within the meaning of the HGB and legal entities of the of public law. Furthermore, access is granted to those users who, in the course of the registration process, have recourse to the, on the Platform publicly accessible, commit targets for fair trade (fair working conditions, environmental protection and the strengthening of Human Rights). A right to admission or use of MTMfair does not exist.
(3) Unless otherwise agreed, the respective remuneration shall be calculated as follows ? billed in advance and invoiced immediately after invoicing without Deduction, plus statutory value-added tax, at the respectively applicable tax rate due; we reserve the right to make payment by direct debit or from a credit card. to move in. With the storage of the accounting data for evidence purposes and/or within the scope of the legal storage obligations you declare you as a user agree.
(4) Depending on the selected power/package and the the resulting range of functions, you have the possibility to employees via the master login provided in the confirmation of admission to grant their own access authorization and to to configure the employees for an optimal work on MTMfair.to enable
(5) As an entrepreneur, you stand up for the fact that the measures you take, especially in the context of your application for admission according to paragraph 2 to us and others information provided to users is true and complete. You sign up, all future changes to the information provided to us without undue delay. this also applies in particular to payment data for the smooth processing of payments. contract extensions as well as for all information provided by you, the customer during the setup of employee logins.
(7) All logins are individualized and may only be used by the authorized user. users are used. You are obliged to keep your login and password secret. and to protect it from unauthorized access by third parties. You're a Entrepreneur also for the secrecy of employee logins and must instruct your employees accordingly. With If you suspect abuse by a third party, you have to inform us about it. immediately. Once we've been informed of the unauthorized use knowledge, we will deny access to the unauthorized user to the lock. We reserve the right to change a user's login and password. in such a case we will inform the respective user about this. immediately.
§ 4 Conclusion of contracts on MTMfair
(1) Trade visitors will have the opportunity to open invitations to tender and to to invite exhibitors selected on the basis of individual criteria, to invite binding to submit bids. Calls for tenders can only be issued by trade visitors and do not constitute a legally binding offer in the sense of the 145 BGB (German Civil Code), but only constitute a request for the submission of ('invitatio ad offerendum'). It is not possible for trade visitors case, to participate as an exhibitor in a tender opened by them. to participate. Likewise, trade visitors may not be allowed to third parties acting as exhibitors in an invitation to tender opened by them participate.
(2) Exhibitors have the opportunity to select trade visitors according to individual criteria. and to select binding tenders for their invitations to tender. to the court. The offers made by an exhibitor are binding and irrevocable. Declarations on the conclusion of the trade visitor's call for proposals Contract. As far as there is nothing between a trade visitor and an exhibitor is agreed otherwise, an exhibitor shall be deemed to have been an exhibitor from the end of the period of and, where appropriate, extended duration of the invitation to tender. 30 days bound to his offer. § 156 BGB (German Civil Code) is expressly excluded. Exhibitors are not entitled to participate in the following events invitations to tender.
(3) A trade visitor is free to choose if and which of the received He wants to accept offers. If trade visitors and exhibitors do not have any deviating agreement, a contract shall be deemed to have been entered into if a trade visitors can view an exhibitor's offer by submitting an individual or Outline agreement purchase order accepts.
(4) Actions using the respective login of a user are not permitted to the Users are generally to be attributed. Users are for all themselves on the platform declarations of intent. For third parties under the Member account of the user made declarations you are liable as the principles of a foreseeable scope of business in accordance with the principles of a Contract with protective effect for third parties.
(5) All transactions on MTMfair are exclusively subject to the terms and conditions set forth on the platform. relevant system clock time. Only within the time limits set by the trade visitor the specified duration of invitations to tender can submit bids will be.
(6) We reserve the right to change the content and structure of the platform as well as the change or extend the associated user interfaces when the fulfillment of the purpose of the contract concluded with you, or is not significantly affected. We'll let you know about the changes inform accordingly.
§ 5 Your duties
(1) An offer may not be opened if
(a) the information is so incomplete that the subject matter and price do not differ determined;
(b) this corresponds to the fair trade objectives defined on the platform runs counter;
(c) the opening or discontinuance of a product after the end of the period specified for that product. the intended contract against the statutory provisions of the law and the regulations, official orders or against good morals. would be violated. In particular, no articles may be offered whose offer or sale violates the rights of third parties; the same applies to pornographic or youth-endangering articles, weapons, Drugs, propaganda material from anti-constitutional organizations, and Parties, live animals, etc. We shall be entitled to make such an offer to remove it immediately or already to adjust it to the platform. prevent.
(2) Goods or services which are only sold in contravention of a legally prescribed proof, may only be offered on MTMfair and may only be used for if the proof is to be included in the description of the goods, or services and the goods or services have been only accepted against the legally required proof.
§ 6 Processing of the contracts concluded on MTMfair
(1) The execution of contracts concluded on MTMfair is the sole responsibility of MTMfair. The matter of the respective user. We take over for the closed contracts neither a guarantee of performance nor a liability for material or immaterial loss or damage, nor for Defects in title of the goods and services traded. We're hit no obligation to fulfil the obligations arising between the users of this website. contracts that have come.
(2) We can not guarantee the true identity and the power of disposition of the user. In case of doubt, both parties to the contract are required to the true identity and power of disposal of the person concerned, in an appropriate manner to inform other contractual partners, e.g. by obtaining Commercial Register Information.
§ 7 Our liability as a platform operator
(1) We shall be liable without limitation for intent and gross negligence, for slight negligence or negligence, however, only in the event of breach of material contractual obligations. Essential contractual obligations shall be deemed to be
The liability in case of violation of such an essential contractual obligation is limited to the following the damage typical of the contract, the occurrence of which shall be deemed to have been the Conclusion of contract due to circumstances known at that time
(2) For disturbances within the line network for which we are not responsible we assume no liability.
(3) We are liable for the loss of data in accordance with the above paragraphs only if such a loss is caused by appropriate backup measures on your part would not have been avoidable.
(4) The liability does not extend to impairments of the contractually agreed Use of the services provided by us on MTMfair, which are due to improper or incorrect use of the platform have been caused by you.
(5) The foregoing limitations of liability shall also apply mutatis mutandis in favour of of our vicarious agents.
(6) So far via MTMfair a possibility of forwarding to databases, Websites, services etc. third parties, e.g. by the setting of links or the use of hyperlinks is given, we are not liable for accessibility, stock or quality of the information provided. Security of these databases or services, nor the content thereof. In particular, we are not liable for their legality, content, or accuracy. Accuracy, completeness, topicality, etc.
§ 8 Third party content / rights
(1) All users are prohibited from posting any content (e.g. by links or frames) on MTMfair, which is contrary to legal regulations, official regulations, or the or offend the common decency. It is also prohibited, to post content that infringes rights, in particular copyrights or trademark rights. Injure third parties.
(2) Under no circumstances do we adopt foreign contents as our own. You you guarantee us and the other users of the platform that the information you provide in goods offered for tender (i.e. goods offered for tender in textual and pictorial form) goods) and services does not include copyrights, trademarks, designs, patents, violate other industrial property rights or trade secrets.
(3) We reserve the right to block third-party content if it is blocked after the are punishable by law or are identifiable for the preparation of punishable offences. actions.
(4) You indemnify us against all claims that third parties may have against us on account of the violation of their rights or for breaches of the law due to the use of the information provided by you. offers and products and/or contents, provided that they are not you have to represent them. You will also be responsible for the costs of the legal defence by us, including all court and tribunal decisions and Lawyer's fees in legal amount.
§ 9 Your other obligations
(1) You're obligated,
(a) the necessary data backup arrangements throughout the entire period of the to set up and maintain a contract term. This refers to the Essential to the careful and conscientious handling of logins and passwords;
(b) us the technical changes occurring in your area immediately if they are likely to affect the provision of services or the MTMfair's security;
(c) to cooperate in the clarification of third party attacks on MTMfair, as far as this participation by you makes sense or is necessary;
(d) Business on MTMfair exclusively in the context of your commercial to conduct business operations for commercial purposes.
(e) the integrated messaging system to be appropriate and platform-related use.
(2) You agree to refrain from taking any action that would damage or damage the MTMfair's functionality or interfere with, and not to data you're not authorized to access. Furthermore, you must make sure that your information transmitted via MTMfair and your with viruses, worms or Trojan horses, or with the use of any other are afflicted. You agree to indemnify us for all damages resulting from the use of this website. failure by you to comply with these obligations for which you are responsible and of all claims of third parties, including those of third parties, including the legal attorney and court costs, which they have to bear due to the the non-observance of your obligations against us.
§ 10 Assignment and offsetting
(1) A partial or complete transfer of your rights under the contract with us on third parties is excluded.
(2) To set off against us, you are only eligible with undisputed or legally binding counterclaims. I.e., if you think that that you have a claim for payment against us, you may only use it if this has been legally confirmed or has been expressly agreed by us. is not disputed.
§ 11 Duration of contract
(2) The contract may be terminated by either party, subject to the following conditions Period of notice depends on the period of notice confirmed with the admission. Minimum contract duration:
(3) Each party shall have the right to terminate the contract for important reason without observing of a period of notice. An important reason for us is especially:
(4) Any cancellation must be made in writing and can also be made via MTMfair. can be entered.
§ 12 Final provisions
(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction for all legal disputes is Berlin. We are also entitled to sue at your general place of jurisdiction.
Last update: 18.01.2019