GTCT

This text has been translated automatically from German and can only be used as reference. The only valid version of this text is the original German version.

Content overview

  1. Definitions
  2. Contract object
  3. Conditions of use
  4. Registration/User account/License agreement
  5. Use of user account
  6. Trading formats
  7. Publication of sales offers
  8. Communication tools on the gruuna platform
  9. Charges
  10. Terms of payment/Invoicing
  11. Obligations/Liability of the user
  12. User account blocking
  13. Processing and transmission of user content
  14. Notice of termination
  15. Limitation of liability
  16. Final provisions

These conditions of participation contain the contractual provisions for the use of the Internet platform "gruuna" (hereinafter "gruuna platform"). The operator and contractual partner of all users of the gruuna platform is the

gruuna GmbH & Co. KG
An der Wiesenmühle 13
09224 Chemnitz
Federal Republic of Germany.

The operator and the contracting partner encourages users to use the gruuna platform in accordance with the following terms and conditions. Conflicting terms and conditions of business of the user are ineffective, unless their validity is agreed between gruuna and the user expressly.

  1. Definitions

    For the purposes of these Terms of Participation, the following terms are used as follows:

    1. "Article" means the product offered individually by a user within the scope of a sale offer.
    2. "gruuna" means gruuna GmbH & Co. KG, An der Wiesenmühle 13, 09224 Chemnitz as the provider of the gruuna international trade platform.
    3. "User" means any natural or legal person or person who has concluded a contract of use with gruuna and for which a user account is established on the gruuna platform.
    4. „User account“ is the access of the individual user to the gruuna platform and the available services of gruuna, which is personalized by a user name and password.
    5. "Price" or "Article Price" is the amount indicated in the "Price" field of the relevant trading transaction.

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  2. Contract object
    1. The gruuna platform is an international exchange platform where users can sell agricultural or forestry goods to other users for commercial purposes or users can buy agricultural or forestry goods for commercial purposes from other users. gruuna does not participate in this trade. gruuna is not a contractual partner of contracts concluded by means of the gruuna platform between suppliers and purchasers of agricultural or forestry products.
    2. gruuna operates the gruuna platform and offers users the technical possibility to use the gruuna platform in accordance with these terms and conditions and, where applicable, special agreements with the users for the purpose of publishing their own content, for the submission and acceptance of contractual offers and contract announcements, for individual communication between users and the use of internet-based software applications of the gruuna platform. Users are not permitted to use any content or actions taken by users of these technical possibilities, and are not, as a rule, liable (in the event of a breach of their own commitments or other legal obligations) This content does not represent gruuna.
    3. gruuna applies the gruuna platform against third parties at its own discretion. gruuna also uses third-party services ('advertising partners' / 'affiliates') at its own discretion. gruuna places third parties within the scope of the purpose; Section 2.3, paragraphs 1 and 2, provides data and information on articles offered on the gruuna platform.
    4. gruuna offers the use of the gruuna platform in different languages as well as for the international trade of the users at its own discretion.
    5. gruuna allows users to collateralize claims arising from purchase contracts concluded on the gruuna platform in accordance with clauses 2.1 and 2.2, as well as to provide legal protection and transport insurance for the purchase contracts. gruuna acts as an insured person in an insurance business for the account of a third party (§ 43 Versicherungsvertragsgesetz), the respective user making use of this service by gruuna as insured.
    6. gruuna assumes no liability with regard to the identity or creditworthiness of users or regarding the legal permissibility and content of the content that users publish on the gruuna platform, subject to legal obligations / separate contractual agreements. It is the responsibility of the individual user to inform themselves about the identity and creditworthiness of each individual user and to take appropriate precautions with regard to possible risks of Internet traffic.

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  3. Conditions of use
    1. Users of the gruuna platform can only become who wants to ask about the gruuna platform articles exclusively in the "business-to-business" trade for purchase or offer for sale.
    2. Natural persons must be able to work without restrictions. In the case of partnerships, the statutory representatives of the company must be able to exercise their full capacity. In the case of legal persons, the statutory bodies, insofar as they are occupied by natural persons, must be filled with persons with unlimited capacity.

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  4. Registration/User account/License agreement
    1. The user of the gruuna platform gives the user the possibility to use the services described in section 2 of gruuna. gruuna, the use of individual functions of the gruuna platform or the extent to which individual functions and services can be used can be linked to specific requirements (payment of remuneration, creditworthiness, compliance with safety standards, etc.). The gruuna platform is at the disposal of the users in the context of the current state of the art. In consideration of the legitimate interests of the users, gruuna limits the use of the gruuna platform, if this is necessary with regard to capacity limits, the security or integrity of the servers or the implementation of technical measures, and this is the proper or improved performance of the services.
    2. Users of the gruuna platform are required to set up a user account and conclude a usage agreement with gruuna.
    3. The creation of a user account requires registration as a user. Registration is made via the electronic registration form on the gruuna platform. The application form is designed in such a way that the applicant can review and correct his data submitted for transmission before submitting the form. These terms and conditions as well as any other contractual provisions are also integrated into the application form for retrieval and storage by the applicant. By submitting the completed registration form under confirmation of these terms and conditions, the applicant submits a binding offer to conclude a usage agreement with gruuna regarding the gruuna platform.
    4. By submitting the completed application form, the applicant declares that he has checked all the data given in the application for correctness and completeness with the due diligence of a proper merchant and has informed the truth accordingly.
    5. The contract of use comes into effect upon delivery of the declaration of acceptance by gruuna. An acknowledgment of receipt of the application sent immediately after dispatch of the application by gruuna does not constitute a declaration of acceptance addressed to the conclusion of the contract of use, but informs of the receipt of the declaration of declaration at gruuna.
    6. The usage contract is concluded indefinitely. It ends by termination (see also section 14).

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  5. Use of user account
    1. A user account is personal and non-transferable. It is not permissible to leave a user account to third parties for permanent or temporary use. A user account is also not transferable in the case of the legal or legal succession. In the cases of voluntary or statutory succession in law, the execution of contracts which are legally binding, even as soon as the legal succession takes place, is permissible only to the extent necessary. The existence and binding nature of the usage agreement concluded between the user and gruuna is not affected by the prohibition of the reuse of the user account by legal successors of the user.
    2. The usage agreement concluded between gruuna and the user obliges the user to maintain his access code against unauthorized persons. The user ensures his access to the gruuna platform before data spying and the access of third parties.
    3. The usage agreement concluded between gruuna and the user obliges the user to carefully and continually check and update the data provided at the registration for correctness and completeness. In particular, the user ensures that the following data is always kept up-to-date:
      • a chargeable address in accordance with the law of the Federal Republic of Germany and the law of the country in which the user has his principal place of business;
      • the legal representative in the case of legal persons and partnerships with full name and address;
      • a ready-to-use e-mail address;
      • a valid telephone number (no value-added services number);
      • a valid fax number (no value-added services number).
    4. The usage agreement concluded between gruuna and the user obliges the user to designate and maintain an e-mail address that is always ready to receive.
    5. The usage agreement concluded between gruuna and the user obliges the user to immediately inform gruuna in text form if a court insolvency proceedings have been opened on the user's assets. The legal successor of a user also obligates the agreement concluded between gruuna and the user to provide immediate information on the occurrence of the legal succession.
    6. The usage contract concluded between gruuna and the user obliges the user to inform gruuna immediately if there are indications that a user account has been used by third parties.

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  6. Trading formats
    1. On the gruuna platform, users can publish sales offers for commercial purposes.
    2. Sales offers in accordance with section 6.1 can be published in the (combinable) trade formats "Festpreishandel" (section 6.3) and "propose price" (section 6.4).
    3. When the user publishes a sale offer concerning an article, the trade format "Fixed price sale" means the conclusion of the contract to the article price which is unchangeable during the duration of the trade form. In this case, it makes a binding offer that other users can purchase the item at the price stated. The contract is concluded when a user clicks the "Buy" button and confirms the process.
    4. When the user publishes a sale offer regarding an article, the "price proposal" format of the trade is the invitation to other users of the gruuna platform to submit a binding purchase offer to the article. A price proposal submitted via the "Suggest price" button is a binding offer to purchase the article at the suggested price. It is valid up to the cancellation, maximum however up to the automatic expiration of 72 hours from the delivery of the price proposal and also beyond the time sequence of the commercial format. The user who has published a sale offer in the "price proposal" trade format may accept a suggested price proposal within its period of validity (see section 6.4 sentence 3) by clicking on the appropriate button on the gruuna platform, or submitting a counter-proposal. If it is silent on a suggested price proposal, this is considered a rejection of the price proposal. Counter-proposals have a maximum validity of 72 hours and can be accepted as long as the trade format has not been terminated and no withdrawal has occurred. A contract comes into existence when the gruuna user accepts a price proposal submitted to him within his period of validity (see section 6.4 sentence 3) by clicking on the appropriate button on the gruuna platform. The same shall apply if the user accepts a counter-proposal submitted to him within his period of validity (see section 6.4 sentence 6) by pressing the corresponding button on the gruuna platform. If the user has published a sale offer concerning an article in the "price proposal" format and has also determined the "fixed price sale" format for this sale, the sale pursuant to section 6.4 sentence 1 sentence 8 is only possible until no bid Point 6.3 sentence 2.
    5. The option "Safe trading" is an option available for the trading formats mentioned in point 6.2, the use of which ensures insurance cover for a specific trading transaction against the risks specified in the conditions for participation in the "Safe trading" option. A user who publishes a sale offer on the gruuna platform in the trading formats indicated in section 6.2 may do so by using the "Safe trading" option if the user fulfills the prerequisites for participating in the "Safe trading" option (examination by gruuna necessary) and the actual trading process corresponds to the conditions for participation in the option "Safe trading".

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  7. Publication of sales offers
    1. The gruuna platform is a specialized platform for articles in "business-to-business" traffic. Within the scope of this purpose, gruuna enables its users to carry out trading transactions on their own responsibility.
    2. In principle, all articles which correspond to the purpose set out in section 7.1 and whose distribution does not violate any statutory provisions or the rights of third parties are basically tradable. gruuna reserves the right to exclude certain items from trading on the gruuna platform. In the decision according to clause 7.2 sentence 2, gruuna shall proceed at its own discretion. Users have no claim to be able to trade certain articles on the gruuna platform.
    3. The user ensures that he complies with all legal and official regulations when publishing sales offers and does not violate the rights of third parties. In particular the user observes the provisions:
      • the law against unfair competition;
      • the trademark, copyright, patent, design & utility model law
      • the food law;
      • the law on drug advertising
      • the plant protection law;
      • the law concerning the placing on the market, the disposal v. electrical appliances;
      • the textile labeling law;
      • the energy labeling law;
      • the recycling and waste law.
    4. The user is obliged to select an appropriate category for the article when publishing sales offers and to use a complete (no omission of traffic-relevant properties) and a correct article description. The user is obligated to ensure that the content that the user uses for the article description does not infringe any legal regulations or rights of third parties. The user furthermore ensures that all information, which the user is legally obliged to issue, is kept in the article description.
    5. Subject to the express permission of gruuna, it is prohibited to include links to external websites and information sources as well as links and other links (eg "call me" buttons or links) to live chat systems. Links are also Internet addresses (URLs) or parts thereof which are not activated.

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  8. Communication tools on the gruuna platform
    1. The user can use the means of communication of the gruuna platform for the purpose of the initiation and execution of contracts concerning concrete sales offers published on the gruuna platform. For other purposes the use of the means of communication on gruuna is not permitted. In particular, the use of the means of communication of the gruuna platform to promote goods which are not the subject of a sales offer published on gruuna is particularly inadmissible.

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  9. Charges
    1. For setting up and maintaining a user account (section 4) gruuna will not charge the user. Gruuna does not collect any fees from the user for the conclusion and continuation of the usage contract (section 4).
    2. "Safe trading" option: gruuna does not charge any fee for publishing a sales offer (section 6.1 - 6.2). However, gruuna charges a fee for carrying out the user's examination of his ability to participate in the "Safe trading" option (section 6.5). The amount of the remuneration is based on the gruuna fee list, which is valid at the time of commissioning the user's examination of his ability to participate in the "Safe trading" option. The remuneration is created irrespective of the outcome of the audit, irrespective of whether and to what extent the user actually uses the "Safe trading" option in actual transactions (clause 9.4).
    3. Intermediation fee: In the event of the conclusion of the contract in accordance with section 6.3 – 6.4, gruuna requires a mediation charge. The mediation charge iSd. Section 9.3 sentence 1 shall be borne by the user who sold the item described in the respective sale offer. The amount of the placement fee is determined by a percentage of the purchase price at which the article was sold via the gruuna platform. The amount of the percentage share is based on the gruuna pay list, which is valid at the time of the publication of the sale offer. Any dissolution or non-fulfillment of the contract shall not affect the remuneration claim pursuant to 9.3 sentence 1 of gruuna.
    4. Intermediary charge "Safe trading": In the event of the conclusion of the contract in accordance with section 6.3 – 6.4 using the option "Safe trading" section 6.5, gruuna requires a mediation charge. The mediation charge iSd. 9.4 sentence 1 shall be borne by the user who sold the item described in the respective sale offer. The amount of this transaction fee "Safe trading" is determined by a percentage of the purchase price at which the article was sold via the gruuna platform. The amount of the percentage share is based on the gruuna pay list, which is valid at the time of the publication of the sale offer. Any termination or non-fulfillment of the contract shall not affect the claim for payment according to 9.4 sentence 1 of gruuna.
    5. gruuna reserves the right to claim fees for the use of special services, options and tools that gruuna provides to its users. gruuna will notify the user in advance and, if this is necessary, be aware of the remuneration in the course of commercial business transactions.
    6. gruuna does not charge any intermediary charges pursuant to clause 9.3, or clause 9.4, for contracts with articles whose sale violates a legal prohibition. gruuna does not charge any intermediary fees pursuant to clause 9.3 or clause 9.4 for contracts concerning articles obtained from criminal offenses or whose sale or acquisition constitutes a criminal offense. Provided that the conditions of the above mentioned cases are not obvious or have a safe knowledge of them according to section 9.6 sentence 1 and sentence 2, the proof of the first appearance that the conclusion of the contract is not contrary to the law or the article to which the Which does not result from a criminal offense or which constitutes a criminal offense. The provisions in clause 9.6 sentence 1 and sentence 2 shall not affect gruuna's claims for damages.
    7. For the cancellation of offers or contents, or for the blocking of users due to infringement of the GTB, gruuna is entitled to charge an expense as far as the user is responsible for the infringement, unless the user proves that damage is not at all or at a lower level. The same applies to the re-activation of a blocked user account. The fee chargeable at the time of the deletion / blocking / re-activation is decisive for the amount of the expense allowance pursuant to section 9.7 sentence 1 / sentence 2.
    8. gruuna will announce changes to the gruuna fee list to the users in good time before the entry into force on the gruuna platform.

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  10. Terms of payment/Invoicing
    1. Placement charges (section 9.3 / 9.4) are payable as soon as the respective trade format has ended. All other charges are due immediately with the commissioning of a paid service gruunas for payment by the user.
    2. If the user has given gruuna a fee for the payment of charges, and if the legitimate demand claim by gruuna fails due to reasons for which the user is responsible, the user reimburses the costs incurred by Gruuna as a result. gruuna may charge the replacement of the costs according to clause 10.2 sentence 1 for each individual failed transfer without a single verification of the actual costs as a lump sum as long as the claimed flat-rate does not exceed the amount of EUR 35.00 in domestic direct debiting or EUR 65.00 in international direct debiting , whereby the user is not obliged to prove that gruuna has not actually resulted in any damage or a significantly lower loss in the individual case.
    3. gruuna is entitled to process the financial statements against the user via e-mail with a qualified electronic signature via the user's email address at gruuna. The user may revoke the consent to the accounting according to section 10.3 sentence 1 by means of a written declaration to the contrary for the future and may demand the mailing of the invoices against reimbursement of a lump sum compensation. The amount of the lump sum compensation according to section 10.3 sentence 2 is derived from the gruuna pay list, which is valid at the time of the respective accounting.
    4. The user is only allowed to set off claims against gruuna claimed, which are legally binding or undisputed.

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  11. Obligations/Liability of the user
    1. The following provisions supplement and confirm the remaining provisions of these General Terms and Conditions, in particular the obligations of the User pursuant to section 7.
    2. The user forbids any use of the gruuna platform for purposes other than those specified in section 7.1. It is forbidden to offer articles on the gruuna platform for purchase by consumers.
    3. The user is responsible for the content he has posted on the gruuna platform and on the gruuna platform. The user is liable for all activities that are made using his user account. If the user is not responsible for misuse of his user account because a violation of the existing due diligence is not, the user is not liable.
    4. The contents stored on the gruuna platform may neither be copied or distributed, nor used or reproduced in any other way without the prior consent of the rightsholders. This also applies to copying by means of "robot" / "crawler" search engine technologies or by other automatic mechanisms.
    5. The user fulfills all obligations expressly stated in these provisions (clause 11) with the due diligence of a proper merchant.
    6. The user undertakes to release gruuna from third-party claims, which are claimed by gruuna from reasons for which the user is responsible.
    7. The user undertakes to assume all costs incurred by gruuna to defend these claims in the cases according to clause 11.6 if and to the extent that gruuna was permitted to consider the defensive measures at the time of the execution. gruuna is entitled to advance these costs, due at the time of the beginning of the dispute with the third party.
    8. The user will support gruuna in the case of defenses in cases according to section 11.6 by submitting necessary explanations and information.
    9. Any further injunctive and damages claims by gruuna against the user shall not be affected by the above-mentioned sections in sections 11.7 to 11.8.

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  12. User account blocking
    1. If concrete evidence exists that a user violates laws, rights of third parties and / or these terms and conditions, gruuna is entitled to block or restrict his user account even in the case of an unused service contract (sections 4.2 to 4.6). When implementing these measures, in particular the following:
      • deletion of offers or other user content;
      • restrict the use of the gruuna platform;
      • temporary blocking;
      • final blocking
      gruuna will take into account the legitimate interests of the user.
    2. For actions pursuant to section 12.1, gruuna is entitled in particular to:
      • Malfunction of e-mail communication between gruuna and a user because their e-mail address is not ready for receipt (eg overfilled mailbox, invalid address, deactivated address);
      • Indication of incorrect contact data and / or identity;
      • Transfer of user account to third parties;
      • Use of the user account for system manipulation on the gruuna platform;
      • Infringement of the criminal law by acts on the gruuna platform;
      • Violation of the rights of third parties (infringement of intellectual property rights).

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  13. Processing and transmission of user content

    Offers and content from users can also be accessed on other local web pages of the gruuna platform. The user authorizes gruuna to edit content published on the gruuna platform for translation purposes and to publish the results of these edits on the internet. The user allows gruuna to duplicate and disseminate such content to third parties for the purposes of Section 13 sentence 1 and sentence 2.

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  14. Notice of termination
    1. Users can terminate the usage agreement at any time. The notice of termination pursuant to Section 14.1 Sentence 1 may be made at the user's choice by means of a written declaration against gruuna or by the use of the appropriate termination function in the user account management on the gruuna platform.
    2. gruuna may terminate the contract of use at any time with a period of 14 calendar days at the end of the month.

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  15. Limitation of liability
    1. The rules set out in Sections 15.2 - 15.3 shall not apply to any damage to a user resulting from injury to life, body or health. The rules set out in paragraphs 15.2 - 15.3 shall also not apply in the case of the assumption of express guarantees by gruuna. The regulations specified in sections 15.2 - 15.3 also do not apply in cases of liability according to the German Product Liability Act or corresponding laws adopted by other countries pursuant to the provisions of the EC Directive 85/374 / EEC.
    2. In the event of a breach of essential contractual obligations, gruuna is only liable for any culpable behavior of the legal representatives, management employees or other vicarious agents of gruuna, if and to the extent that gruuna, the legal representatives, management employees or other vicarious agents of gruuna are guilty of intent or gross negligence.
    3. If neither the intent nor the gross negligence of legal representatives, senior employees or other vicarious agents of gruuna is present, the liability against the user is limited to the damages typically foreseeable at the time of conclusion of the contract. In the case pursuant to section 15.3 sentence 1, gruuna is also not liable for the compensation of indirect damages and lost profit.

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  16. Final provisions
    1. The contract language is German. Any translations of web pages of the gruuna platform, registration forms, etc. in other local languages do not alter this and serve solely to facilitate the use of the gruuna platform
    2. Court of jurisdiction for all disputes between gruuna and a user is Chemnitz, Federal Republic of Germany. The parties are not allowed to sue the other party at its general court.
    3. For the contract of use between gruuna and the user, federal law applies to the exclusion of the CISG (Convention on Contracts for the International Sale of Goods).
    4. Should any provision of these General Terms and Conditions be invalid, the remaining provisions shall remain unaffected.
    5. gruuna reserves the right to change these terms and conditions at any time without giving reasons. The changed conditions will be sent to the user by e-mail no later than one week before their entry into force. If the user does not object to the validity of the new terms and conditions within one week after receipt of the e-mail, the amended terms and conditions are deemed accepted. gruuna, the users in the e-mail, which contains the changed conditions, will point out the importance of this deadline.

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Status: 06 July 2017

gruuna

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gruuna Support:
Monday to Friday from 8 am to 5 pm
+49 371 33717193
Fax:
+49 371 33717199
Email:
support@gruuna.com