General terms and conditions
KunststoffWeb GmbH – hereinafter called the "operator" – makes available on the Internet an information platform called "Plasteurope Plastics Exchange".
By registering for the platform under the user’s personal access data, the user accepts the general terms and conditions.
§ 1 "Plasteurope Plastics Exchange" platform
(1) The operator offers the user a tool for buying and selling plastic materials and commercial services under the name "Plasteurope Plastics Exchange".
(2) The operator makes the platform available to the user exclusively for this purpose.
(3) The operator is authorised at any time to modify the relevant service offerings, in particular the content and structure of the platform and the respective user interface.
(4) The operator is under no obligation to operate the platform.
§ 2 Registration
(1) Any natural or legal person may register.
(2) When registering, the user is obliged to complete the data fully and truthfully.
(3) Registration and use of the platform are entirely free of charge.
(4) The user has no claim to authorisation to use the platform. The operator has the right to refuse or discontinue access without stating the reasons.
(5) The user can cancel his or her registration in writing. After that, the user-related data will be erased within one month.
§ 3 Access data
(1) To register with the operator, the user must enter a user name and a password. The user name and password will be activated once the user has been granted authorisation.
(2) The user is obliged to protect the access data from unauthorised access by third parties. The operator must be informed immediately of any misuse of access data.
§ 4 Rights of use
(1) The rights of the user are restricted to the proper use of the platform.
(2) Present and future texts, data lists, graphics, photos, designs and other elements are subject to the protection rights of the operator or other entitled persons. Their improper use may lead to criminal or civil proceedings.
§ 5 Offers, requests
(1) By inserting an ad, users appear on the platform with either offers or requests as per § 1 para. 1.
(2) Ads are not allowed if they contain offers or requests that violate the law, are not compliant with convention, infringe the rights of third parties, or contain information that is dubious, false or misleading. The operator retains the right to erase such ads.
(3) The details of the ad insertion result from the respective functions and selection parameters implemented on the platform.
(4) The insertion of an ad does not constitute any binding declaration of intent but is a request to submit an offer.
(5) With the insertion of an ad, the user makes a binding declaration that he or she is subjectively able to perform what is stated in the ad and that the aim of inserting the ad is to conclude an agreement. If these conditions no longer apply, the user must withdraw the ad.
(6) The operator merely provides the platform for communication between the parties submitting offers and requests, and, above all, is not involved in the lead-up and processing of any agreement and accepts no responsibility whatsoever for this process.
(7) The operator is free to erase an ad without stating the reasons if this is deemed appropriate for the above reasons or as a result of other circumstances considered by the operator to require such action. The operator is not responsible for damage incurred by the user through the erasure of an ad.
§ 8 Compensation
(1) The user is liable to the operator for damage incurred by the operator for a culpable breach of contract by the user.
(2) The user shall release the operator of any demands by third parties made by them in connection with a breach of contract by the user towards the operator and is obliged to reimburse all costs incurred by the operator in this connection.
§ 9 Data protection
(1) The operator will compile, process and store user data within the purpose of the contract and in accordance with the regulations of the German Data Protection Law and also use such data for its own purposes.
§ 10 Liability of the operator
(1) The operator shall not be liable either for ensuring the identity of users or for the correctness or completeness of data provided by users in their ads, or for the messages and content sent by users via the platform, or for information exchanged or actions performed by the users outside the platform.
(2) It is the sole responsibility of the user to confirm the identity of other users, to verify the type and quality of the offered or requested goods or services, and to establish the economic circumstances of other users, the legality of any transactions, the true originator of any messages, and the effectiveness of declarations of intent, etc.
§ 11 Limitation of liability
(1) The operator is liable towards the user solely for damages in the event of intent or gross negligence.
(2) Excluded from this are all liability compensation claims by the user due to non-availability or non-reachability of the platform, irrespective of the duration, frequency and cause of the non-availability or non-reachability.
(3) The operator is not liable for websites and their content from which references are made to the platform (links).
§ 12 Place of jurisdiction
(1) The place of jurisdiction is Bad Homburg / Germany. German law applies.
§ 13 Other regulations
(1) The user’s general terms and conditions are herewith expressly contradicted.
(2) Should individual parts of these general terms and conditions become ineffective, in full or in part, the other regulations shall remain in force. In place of the ineffective regulation, the regulation that is closest to the original regulation in its economic consequences for the operator and the user shall apply.