General terms and conditions for the use of the online shop
General terms and conditions for the use of the online shop "WINDSOURCING.COM" - A service offer of WINDSOURCING.COM GmbH
1. general, validity
1.1 WINDSOURCING.COM is a service offered by WINDSOURCING.COM GmbH, Lippeltstrasse 1, 20097 Hamburg, Germany. These general terms and conditions apply to all business relations between WINDSOURCING.COM GmbH and commercial customers.
1.2 The use of the website "www.windsourcing.com" is intended for commercial customers. WINDSOURCING.COM GmbH enables commercial customers to place offers for the sale of goods and/or services on the "WINDSOURCING.COM" internet platform. By means of an individual user name and password, the business customer has access to his individual account.
1.3 WINDSOURCING.COM GmbH is entitled to change the content of the service or the terms and conditions of use at any time after prior notice or to discontinue the service. In these cases, the commercial customer has the right to terminate the agreement of use in writing to WINDSOURCING.COM GmbH with a notice period of 14 days to the date of the change.
2.offer and conclusion of contract
2.1 The WINDSOURCING.COM GmbH website is continuously maintained and developed.
2.2 WINDSOURCING.COM GmbH's offer is subject to change without notice, unless the documents, illustrations and performance specifications belonging to the offer are described as binding. Declarations of acceptance shall require Windsourcing.com to be legally effective.
2.3 By sending the registration form, the business customer instructs WINDSOURCING.COM GmbH to generate an individual account for the business customer for commercial use within the framework of the general terms and conditions of business of WINDSOURCING.COM GmbH.
2.4 Upon receipt of the registration by WINDSOURCING.COM GmbH, the customer will receive a registration confirmation by email from WINDSOURCING.COM GmbH. By clicking on one of the links contained therein, the customer accepts the contractual offer of WINDSOURCING.COM GmbH. Upon receipt of this electronically declared declaration of intent, the registration process is completed, subject to a separate provision, at the latest upon provision of the service by WINDSOURCING.COM GmbH.
3.Registration and commercial customer profile
3.1 Each account with WINDSOURCING.COM GmbH is individual and exclusive. The joint use of a single account or the transfer of the use of the same to third parties is not permitted.
3.2 Registration by the business customer is a prerequisite for the use of "WINDSOURCING.COM". By registering, the business customer declares his consent to the computer-assisted storage of the data in the customer profile. After registration, the business customer will receive his own account and storage space on a WINDSOURCING.COM GmbH server for commercial use.
3.3 The commercial customer undertakes to provide correct and complete information on the data requested by WINDSOURCING.COM GmbH during registration, which must be kept up-to-date in the event of changes.
3.4 In the course of registration, the business customer must specify a unique combination of user name and password ("access data") and provide an e-mail address. The commercial customer agrees that his access data will be sent to him by e-mail for confirmation after registration.
3.5 The business customer must keep the access data secret and change his password regularly. The transfer of the access data to third parties is not permitted.
3.6 WINDSOURCING.COM GmbH is entitled to delete inactive accounts in case of non-use over a period of more than one year after a single prior notice.
3.7 Attribution for reference purposes: WINDSOURCING.COM GmbH is entitled to use the fact of the contractual relationship as a reference for self-promotion purposes. The customer agrees that his name and identification marks may be used in this respect.
4. storage space and copyright, illegal contents
4.1 All data of the commercial customer will be stored on a server of WINDSOURCING.COM GmbH or a service provider named by it.
4.2 All functions and restrictions provided by WINDSOURCING.COM GmbH may neither be circumvented nor disturbed. Any violation of this provision may result in the immediate deletion of the corresponding user account or in legal action by WINDSOURCING.COM GmbH.
4.3 Within the scope of using the "WINDSOURCING.COM" internet platform, no business customer may violate legal prohibitions or public morals or infringe the rights of third parties, in particular personal rights, rights to a name, trademark rights or copyrights. The customer himself is responsible for compliance with the above provisions. WINDSOURCING.COM GmbH will not tolerate any violation of applicable law or any form of misuse and/or the distribution of criminal content and will stop it as soon as it becomes aware of it. WINDSOURCING.COM GmbH is neither obliged nor in a position to comprehensively check the legality of all content stored by commercial customers, but reserves the right to check and, if necessary, delete such content in any case.
5. costs, terms of payment
5.1 The placement of an offer or entry in the business directory is subject to a fee according to the prices published on "WINDSOURCING.COM".
5.2 The use of the internet platform "WINDSOURCING.COM" itself is free of charge. Excepted from this are the usual costs for the Internet connection, over which WINDSOURCING.COM GmbH has no influence.
6. termination or cancellation of use
6.1 The contractual relationship runs for an indefinite period. The use of "WINDSOURCING.COM" can be terminated by the commercial customer without giving reasons by giving 3 months notice to the end of a calendar month. To comply with this period of notice, a short message stating the address and customer number to WINDSOURCING.COM GmbH, Lippeltstrasse 1, 20097 Hamburg, Germany, is sufficient.
6. 2 The right to extraordinary termination remains unaffected. A reason for an extraordinary termination by WINDSOURCING.COM GmbH and the exclusion of the commercial customer is given in particular if the commercial customer violates or circumvents the provisions of sections 3 and 4, if the commercial customer triggers deliveries using false information in the customer profile or if the access data of the commercial customer is used by a third party without authorisation and a further violation occurs after a warning.
6.3 WINDSOURCING.COM GmbH may, notwithstanding Section 6.2, temporarily block the commercial customer and exclude him from further orders as long as the commercial customer violates any provisions of these GTC, as long as the customer is not available at the address provided by him or as long as certain facts give reason to suspect misuse of the offer of Windsourcing.com, in particular copyright violations.
For technical reasons, WINDSOURCING.COM GmbH cannot guarantee accessibility by e-mail or the accessibility of the URL (http://www.windsourcing.com or other of its URLs). WINDSOURCING.COM GmbH also accepts no liability for the accuracy and completeness of data transported via the Internet. Commercial customers use the Internet at their own risk and are subject to national or international laws and regulations. Separate warranty or guarantee commitments by WINDSOURCING.COM GmbH remain unaffected. WINDSOURCING.COM GmbH is not responsible for delays in performance due to force majeure and due to events for which WINDSOURCING.COM GmbH is not responsible and which make performance considerably more difficult or impossible not only temporarily (these include in particular strikes, lock-outs, official orders, etc., even if they occur at subcontractors). Such circumstances entitle WINDSOURCING.COM GmbH to postpone performance for the duration of the hindrance plus a reasonable start-up period.
8. exclusion of liability
8.1 WINDSOURCING.COM GmbH shall be liable for any damages caused intentionally or through gross negligence by WINDSOURCING.COM GmbH, its organs, executives or employees. In the event of a breach of contractual obligations, the fulfilment of which is indispensable for the achievement of the purpose of the contract, the absence of warranted characteristics or personal injury as a result of tort, WINDSOURCING.COM GmbH shall in any case be liable for attributable fault.
8.2 WINDSOURCING.COM GmbH shall be liable without limitation in cases of intent and gross negligence in accordance with the statutory provisions. In the case of simple negligence, liability is excluded, provided that neither an essential contractual obligation has been violated, nor life or limb has been injured, nor is there a case of default or impossibility. In the case of simple negligence, insofar as an essential contractual obligation has been violated or a case of delay or impossibility exists, liability for damages that are not based on injury to life or limb shall be limited to damages that are typical for the contract and to such damages that were foreseeable. The commercial customer reserves the right to prove higher damages. WINDSOURCING.COM GmbH shall not be liable for indirect and consequential damages or loss of profit. This shall not affect claims under the Product Liability Act or under manufacturer's liability.
8.3 The commercial customer shall keep WINDSOURCING.COM GmbH and all its affiliated companies free from losses, damages and claims of third parties which are incurred by WINDSOURCING.COM GmbH or its affiliated companies due to or in connection with a breach of contract or which arise in particular from data protection, copyright or other legal disputes connected with the use of "WINDSOURCING.COM".
9.data protection, right of withdrawal
9.1 The data collected within the scope of the contract and for the purpose of its execution will be stored and processed by WINDSOURCING.COM on its own servers or servers of certified service providers. Personal data will only be processed, stored and used to the extent necessary to execute 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 them on to other third parties. Apart from that, no personal data will be passed on to third parties.
9.2 As far as personal data are concerned, the person concerned may 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 jeopardizes the fulfillment of the contractual purpose or makes it impossible. WINDSOURCING.COM will delete the personal data after revocation or termination of the contract and provide proof of the deletion to the party concerned upon written request.
9.3 WINDSOURCING.COM will store personal data only for a period of time which complies with legal requirements. After this period, all personal data will be deleted or made anonymous.
9.4 Details regarding data protection at WINDSOURCING.COM can be found in the data protection policy (appendix).
10. applicable law, partial invalidity
10.2 Should any provision of these Terms and Conditions or any provision within the scope of other agreements be or become invalid, the validity of all other provisions or agreements shall not be affected thereby.
WINDSOURCING.COM Limited Liability Company (GmbH)
D-20097 Hamburg, Germany
Authorized representative managing director: Stefan Weber
HRB 129350, USt Id. No. / VAT No: DE291547149