General Terms and Conditions
1. General Information, Validity
1.1 WINDSOURCING.COM is a service package from WINDSOURCING.COM GmbH, Hoheluftchaussee 52, D-20253 Hamburg, Germany. These General Terms and Conditions apply to all business relations between WINDSOURCING.COM GmbH and its commercial clients.
1.2 The use of the website ‘WINDSOURCING.COM’ is aimed at commercial clients. WINDSOURCING.COM GmbH allows clients to place offers for goods and/or services on the website ‘WINDSOURCING.COM’. Through the use of an individual username and password, the client has access to his individual account.
1.3 WINDSOURCING.COM GmbH has the right to cease or change the content of the service or the conditions of use at any times, once reasonable prior notice is provided. In such a case, the client has the right to exceptionally end the written use agreement with WINDSOURCING.COM GmbH within 14 days of the change made.
2. Offer and Conclusion of Contract
2.1 The offer from WINDSOURCING.COM GmbH is continually maintained and developed.
2.2 The offer from WINDSOURCING.COM GmbH is non-binding, as long as the documents, images and performance data pertaining to the offer are not declared binding. Declarations of acceptance require confirmation from WINDSOURC-ING.COM GmbH to become valid.
2.3 In submitting his registration, the client authorizes WINDSOURCING.COM GmbH to generate an individual account for him, for commercial use, within the framework of the WINDSOURCING.COM GmbH’s General Terms and Conditions.
2.4 On receipt of registration at WINDSOURCING.COM GmbH, the client receives a confirmation of registration by email from Windsourcing.com. By clicking on a link contained in the email, the client accepts WINDSOURCING.COM GmbH’s contractual offer. On receipt of this electronic declaration of intent, the registration process will close, unless otherwise stipulated, at the latest, upon provision of the service by WINDSOURCING.COM GmbH.
3. Registration and Client Profile
3.1 Every account at WINDSOURCING.COM GmbH is individual and exclusive. Shared use of individual accounts, or the transfer of use to a third party, is not permitted.
3.2 Registration by the client is a condition of use of WINDSOURCING.COM GmbH. By registering, the client declares his consent to the digital storage of data in his client profile. After registration, the client is provided with his own account along with memory space on a WINDSOURCING.COM GmbH server for commercial use.
3.3 The client is obliged to completely and accurately provide the information requested by WINDSOURCING.COM GmbH at the time of registration, and update it, should it require updating.
3.4 As part of registration, the client must decide on a clear combination of username and password (‘access data’) and provide us with an email address. The client consents to his access data being sent to him by email, after confirmation of registration.
3.5 The client must keep his access data secret and must change his password regularly. The transfer of access data to a third party is not permitted.
3.6 WINDSOURCING.COM GmbH has the right to delete inactive accounts if they have not been used for more than one year after once-off prior notification.
4. Memory space and copyrights, illegal content
4.1 All client data is saved on a WINDSOURCING.COM GmbH server or on a server belonging to one of its named service providers.
4.2 All functions and restrictions on WINDSOURCING.COM GmbH are neither to be evaded nor disrupted. A breach of this regulation can lead to the deletion of the relevant user’s account or to prosecution by WINDSOURCING.COM GmbH.
4.3 Within the use of the WINDSOURCING.COM GmbH website, no client may break any laws or act immorally, or violate the rights of a third party, particularly their personality rights, naming rights, trademark rights or copyrights. The client himself is responsible for complying with existing regulations. WINDSOURCING.COM GmbH will not tolerate any breach of prevailing law or any form of misuse and/or dissemination of illegal content and, if such acts come to its attention, will prohibit them. WINDSOURCING.COM GmbH is not obliged, and not in the position, to comprehensively check the legality of every client’s saved content, but it reserves the right, in every case, to check and delete content if required.
5. Prices, Terms of Payment
5.1 WINDSOURCING.COM GmbH charges a fee for the placement of an offer or entry into the corporate directory, in accordance with the prices published on WINDSOURCING.COM GmbH.
5.2 Use of the website, WINDSOURCING.COM GmbH, itself is free. This does not include the usual costs of internet connection, over which WINDSOURCING.COM GmbH has no influence.
6. Cancellation and Termination of Use
6.1 The contract is valid for an undetermined period of time. Use of WINDSOURCING.COM GmbH can be terminated by the client, without stating a reason, at the end of the calendar month, after providing a notice period of 3 months. Compliance with the deadline simply requires that a short notification, containing an address and client number, be sent to WIND-SOURCING.COM GmbH, Hoheluftchaussee 52, 20253 Hamburg, Germany.
6.2 The right to exceptional termination of the contract remains intact. A reason for exceptional termination by WIND-SOURCING.COM GmbH and the expulsion of the client particularly exists if,
- the client is evading or breaching the regulations in No. 3 and 4,
- the client is eliciting orders through the use of false information in his client profile
- the client’s access data is being used by a third party and a further violation occurs after a warning has been given. 6.3 Regardless of No. 6.2, WINDSOURCING.COM GmbH can provisionally block the client and exclude the client from further orders
- if client breaches the General Terms and Conditions,
- if the client cannot be reached at the address he submitted
- if certain facts justify suspicions of misuse of WINDSOURCING.COM GmbH’s service, in particular in relation to copyright violations.
For technical reasons, WINDSOURCING.COM GmbH cannot apply any guarantee for its accessibility by email or through the URL (http://www.windsourcing.com or other URLs). WINDSOURCING.COM GmbH also provides no guarantee for the accuracy and integrity of the information transmitted over the internet. The client uses the internet at his own risk and is subject to national or international prevailing laws and regulations. Separate guarantee or warrantee commitments by WINDSOURCING.COM GmbH remain unaffected. WINDSOURCING.COM GmbH is not responsible for delays in service, as a result of force majeure and as a result of events, that are beyond WINDSOURCING.COM GmbH’s control, and do not only make the provision of service extremely difficult or render it impossible in the short-term (this includes strikes, lockouts, official rulings etc. in particular, also when these effect subcontractors).
8.1 WINDSOURCING.COM GmbH is liable for any damaged caused by it, its bodies, management or employees through a deliberate act or gross negligence. WINDSOURCING.COM GmbH is fully liable in all cases where contractual obligations are violated that are essential for fulfilling the contract, whereby guaranteed attributes are missing, and where an unlawful act results in personal injury.
8.2 WINDSOURCING.COM GmbH is fully liable for malice or gross negligence in accordance with legal regulations. In the case of ordinary negligence, liability is excluded, as long as no significant contractual obligation is violated, and no one has been injured or killed, or in the case of a default, or objective impossibility. In the case of ordinary liability, if a significant contractual obligation has been violated, or in the case of a default or objective impossibility, liability for damages that do not involve death or injury, is limited to damages typical for the contract and to damages that were foreseeable. The client reserves the right to provide evidence for further damages. WINDSOURCING.COM GmbH is not liable for indirect or conse-quential damages, or for loss of profits. Claims in accordance with the German Product Liability Act and producer liability remain unaffected.
8.3 The client does not involve WINDSOURCING.COM GmbH, and its associated companies, in losses, damages or claims by third parties, that originate on WINDSOURCING.COM GmbH, or one of its associated companies as a result of, or in the context of, a contractual violation, or that arise in particular from data protection, copyright or legal disputes that are linked to the use of WINDSOURCING.COM GmbH
9. Data protection, Right of revocation
9.1 The data collected within the scope of the contract and for its processing shall be stored and processed by WINDSOURCING.COM on its own servers or servers of certified service providers. Personal data shall only be processed, stored and used to the extent necessary for the performance of the contract. Within the framework of an order processing agreement, this data may also be transferred to third parties. These third parties are not authorised to use the data for their own purposes or to pass it on to other third parties. Otherwise, no personal data will be passed on to third parties.
9.2 As far as personal data are concerned, the person concerned can at any time revoke the use of the collected data in writing or in text form to WINDSOURCING.COM GmbH without giving reasons. In this case, WINDSOURCING.COM reserves the right to terminate the contractual relationship if the revocation endangers the fulfilment of the contractual purpose or becomes impossible. WINDSOURCING.COM will delete the personal data after revocation or termination of the contract and will prove the deletion to the person concerned upon written request.
9.3 WINDSOURCING.COM will only store personal data for a period of time that complies with legal requirements. All personal data will then be deleted or anonymised.
9.4 Details on data protection at WINDSOURCING.COM can be found in the Data Protection Instructions (Appendix).
10. Applicable Law, Partial Invalidity
10.1 The procedural and substantive law of the Federal Republic of Germany, with exception of German international civil law, applies to these conditions of use and all legal relations between WINDSOURCING.COM GmbH and the client.
10.2 Should any provision of these General Terms and Conditions, or a provision within the framework of other agree-ments, be or become invalid, the validity of all other provisions or agreements shall remain unaffected.
WINDSOURCING.COM GmbH - Limited Liability Company Ltd.
Hoheluftchaussee 52, D-20253 Hamburg
Phone: 0049 (0)40-98768800
Fax: 0049 (0)40-37083809
Managing Director: Stefan Weber
Local District Court No.: HRB 129350
Register court: Headquarters Hamburg
VAT No: DE291547149