The following General Terms and Conditions govern the use by our clients (hereinafter “The User”) of the GoStanley.com platform (hereinafter “The Platform”) made available by United Goods eSupply (limited liability), Friedrichstr. 171, 10117 Berlin (hereinafter “The Provider”). The Platform arranges contact with production facilities in the People’s Republic of China. Through this Platform, the Provider provides the client with the opportunity to establish contact with manufacturers in China.
GENERAL TERMS AND CONDITIONS
1. GENERAL PROVISIONS
(1) These General Terms and Conditions apply to the client’s use of the Platform made available by the Provider. Contracts between the Provider and the User shall only come into effect when the User is an entrepreneur (Section 14 German Civil Code (BGB)), a legal person under public law, or a special fund under public law. Should the Platform be used by a consumer, we reserve the right to revoke the acceptance of the contract within 14 days of becoming aware that the user is a consumer.
(2) Our General Terms and Conditions shall exclusively apply. Any differing, conflicting or additional General Terms and Conditions from the User shall only form part of the contract when and insofar as we expressly consent to their validity. This requirement of consent shall apply in all cases.
(3) Individual agreements made with the User in a particular case (including collateral agreements, additions and amendments) will, in all cases, have precedence over these General Terms and Conditions. For the content of such agreements, a written contract or, accordingly, our written confirmation will be necessary.
(4) Legally relevant declarations and notifications that are given by the User after the conclusion of the contract (for example deadlines, notice of defects, declaration of withdrawal or reduction of price for defects) must be made in writing to be effective.
(5) References to the application of statutory provisions are only for the purposes of clarification. Even without such clarification, the statutory provisions shall therefore apply, so long as they have not been directly amended or expressly excluded in these General Terms and Conditions.
2. CONCLUSION OF CONTRACT AND SERVICES
(1) To use the services offered via the Platform, the User must enter the required details in the appropriate fields provided. The User is obliged to enter truthful information. The details provided must be truthful and complete.
(a) The Provider arranges contact with manufacturers and production facilities in the People’s Republic of China for the manufacture of goods assigned by the User. For this purpose, the Provider forwards inquiries from the User onto the manufacturers. The Provider provides no guarantee that User will actually be contacted by a manufacturer. The service offered by the Platform solely comprises the forwarding of the inquiry to a manufacturer.
(b) The User can place an offer for the manufacture of their goods on the Platform. During this process, the User must enter, in full, all details required for the manufacture. This includes the product name and the quantity. Further optional information includes the desired delivery date, the target price per item, as well as a description of the product. The client also has the possibility to upload files with a sketch or the desired design in PDF, JPG or PNG format. The maximum file size is 3 MB.
(c) The Provider forwards this offer onto one or multiple manufacturers in China. The manufacturer will then establish contact with the User. The time difference and differing national holidays may cause delays in the communication between the User and manufacturers. The terms of the contract and the conclusion of the contract for the manufacture of the goods are agreed between the User and the manufacturer. For this reason, the User must provide an email address, through which they can be contacted by the manufacturer.
(d) The User has the possibility to commission a German-speaking agent for the ordering process. If the User wishes to have the support of an agent, this should be stated when submitting the offer. If the User has stated the wish to engage the services of an agent, the Provider will share the contact details of an agent with the User. The terms of the contract and the conclusion of the contract with the agent are agreed between the User and said agent. Upon the commissioning of an agent, the Provider will be entitled to fee.
(3) Stocked items
(a) The Provider also offers the procurement of stocked items on the Platform. The user can choose from a variety of products, which are published on the Platform through pictures, product descriptions, the price and further details/information. If interested in one or more of the products, the User can send an inquiry to the Producer. The Producer will then review the availability of the stocked item at the time of the inquiry. If the item is available, the User will receive an email confirmation.
(b) This email confirmation shall immediately constitute a binding offer to conclude a contract for the item the User has requested. In the email, the User will be provided with the name of the seller and their contact details.
(c) The contract with the seller specified in the email and the User will be considered legally concluded when the User accepts the offer by means of an explicit statement to the Provider via email, or through payment of the purchase price to the specified account. The Provider will, without delay, forward the User’s statement onto the seller. The performance of the contract shall be carried out exclusively between the specified seller and the User.
(4) These General Terms and Conditions exclusively govern the use of the Platform by the User. Contracts for the manufacture and/or the delivery of goods, or, as the case may be, the role of the agent are solely conveyed by the Provider. Such contracts shall not have any legal effects on the Provider. The User can only bring claims arising from the contracts conveyed by the Provider against the manufacturer or the agent. No claims whatsoever may be brought against the Provider arising from the conveyed contractual relationship.
(5) Legal effects between the User and manufacturers or agents arising from the contract, such as the emergence of claims, contractual obligations or rights in favor of third parties or with protective effects towards third parties concerning the use of the Platform are expressly excluded.
(6) Upon acceptance of an offer made, or an agreement between User and manufacturer or User and agent, a separate binding contractual relationship shall arise between the parties involved. The Provider has absolutely no influence over the formation of such a contractual relationship or, as the case may be, over the non-establishment of such a contractual relationship. The performance of the contracts is exclusively carried out by the manufacturer or agent.
(7) The Provider assumes no liability and offers no guarantee for the execution of the conveyed contracts and will also not vet them. The legal relationship regarding the manufacture and delivery concerns only the User and manufacturer or agent involved.
(8) The Producer reserves the right to expand or improve its service offering, insofar as this is necessary to adapt to the current technical conditions, particularly in order to ensure the security and stability of the services or to comply with changes in legal requirements. The Producer undertakes to carry out such modifications only within the scope of what is reasonable for the User, and with consideration for the interests of all contracting parties.
(9) The Producer aims to make the Platform available at all times. However, the User shall not be entitled to claim for interrupted availability of the service. Access to the Platform may occasionally be interrupted or limited in order to allow for repairs, maintenance, internet system disturbances caused by third party network operators, or the implementation of new facilities or services, as well as in cases of force majeure. The User shall not be entitled to claim for performance or damages when there is no access to the Platform for the aforementioned reasons or due to force majeure-
3. USER OBLIGATIONS
(1) The User undertakes not to transmit any content with viruses, trojans or other programs that could damage the Provider’s system. In the event of any contravention, the User will be immediately excluded from using the system. The User shall compensate the Provider for any damage arising from a possible culpable breach of this obligation.
(2) The expression of offensive, racist or comparable content, as well as of political or religious information is forbidden. The User undertakes not to disseminate advertising, inaccurate virus warnings, malfunctions or similar, or to invite participation in competitions, pyramid schemes, chain letters, Ponzi schemes or comparable activities.
(3) With each use of the Platform, the user is obliged to acknowledge and abide by the rules laid down in these General Terms and Conditions. In the event of a breach of these regulations, the User may be excluded from use of the Platform with immediate effect.
(4) The User is responsible for keeping their login data confidential and not passing it on to third parties. The Provider reserves the right to block access to the Platform in the event of misuse of the login data arising from the fault of the User, e.g. from sharing this data with third parties. In such cases, the User remains obliged to fulfil their obligations towards the manufacturers. The User must compensate the Provider for any damage arising from the misuse.
(5) Upon placing the order with the manufacturer, the User must assume responsibility for observing all legal obligations concerning the commissioned manufacture, particularly import regulations, product safety requirements, and intellectual property rights. The Producer gives no guarantee of the right to manufacture or import the goods. The User indemnifies the Provider against all claims arising from the breach of statutory regulations or provisions by the User in conjunction with the respective commissioned manufacture, and shall be liable to the Provider for any damages arising therefrom, including any legal and court costs.
(1) Use of the Platform is available to the User at no charge.
The Platform and its content are protected by copyright. The Provider retains all rights. The User is not permitted to edit, copy or disseminate the platform or, where applicable, any other works or designs protected by copyright which have been made available. Nor is the User permitted to make these publicly accessible or to use them in any other way unless this is expressly permitted in the provisions of these General Terms and Conditions. This also applies to the inclusion in electronic database systems and copying onto electronic data carriers.
6. LIABILITY AND WARRANTY
(1) The Provider is unlimitedly liable for intentional acts and gross negligence as well as in the event of personal injuries. For ordinary negligence, however, the Provider shall only be liable in the event of the breach of material contractual obligations, impossibility of performance caused by the Provider and delay. Liability is limited to damage typical of this type of contract, the occurrence of which should have been foreseen by the Provider at the time the contract was concluded. The Provider shall also be unlimitedly liable for mandatory statutory provisions, such as the Product Liability Act (ProdHaftG by its German abbreviation), or a stipulated liability.
(2) For loss of data, the Provider is only liable in accordance with the above paragraphs, and only then when such a loss would not have been avoidable with reasonable data security measures on the part of the User.
(3) The limitations of liability shall correspondingly also apply for persons employed by the Provider for the performance of its obligations.
(4) There shall be no further liability on the part of the Provider. In particular, the Provider shall not be liable for data provided by the User, as long as the Provider does not adopt it as its own by dissemination.
7. DATA PROTECTION POLICIES
(1) The Provider collects User data within the scope of the performance of contracts. For this, the Provider observes, in particular, the regulations of the Federal Data Protection Act (BDSG) and the German Telemedia Act (TMG). Without consent from the User, inventory and usage data will only be collected, processed, or used insofar as permitted by law and is necessary for the performance of the contractual relationship and for the usage and invoicing of telemedia.
(2) Without the consent of the User, the Provider will not use data for the purposes of marketing, market research or opinion polling.
(3) The User can, at any time, retrieve, alter or delete data saved by the Provider. The Data Protection Notice further refers to the consent of the User and gives further information on data collection, processing and usage. It is available in printable format on the Platform at any time.
8. Other provisions
(1) For contracts between the Provider and the User, the law of Germany shall be applicable, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). The language of the contract is exclusively German.
(2) The court of jurisdiction for all disputes arising from the contractual relationship between the Provider and the User is Berlin.
(3) The Provider is entitled to amend these General Terms and Conditions at any time with future effect, as long as notification of these amendments is given by email at least two weeks before the planned time at which they will come into effect. The User may object to the amendments within a period of two weeks from the receipt of the notification. If no objection is raised or if the amendments are expressly accepted, the amendments will become effective at the time advised in the notification. In the event of a timely objection, the contract shall continue with the previous conditions. In this case, the Provider shall be entitled to terminate the contract for exceptional reasons without a notice period.
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